Sanders v. Graham

Summary

The United States District Court for the Southern District of West Virginia granted Defendant Captain Graham’s motion to dismiss an amended complaint alleging that corrections officers used excessive force. The court held that the plaintiff’s claims were barred by the applicable two-year statute of limitations and that West Virginia’s statutory tolling provision for pre-suit notice does not apply to actions filed in federal court. The case was dismissed with prejudice.

Holdings

1. A defendant may assert a statute-of-limitations defense through a Rule 12(b)(6) motion when expiration of the limitations period appears on the face of the complaint.
2. West Virginia Code § 55-17-3's thirty-day tolling provision does not apply to actions filed in federal court.
3. Plaintiff's action was untimely because the applicable two-year limitations period expired on April 9, 2025, and the April 7, 2025 notice letter did not toll the period for the federal action.

Questions Presented

1. Whether the statute-of-limitations defense could be resolved on a Rule 12(b)(6) motion.
2. Whether West Virginia Code § 55-17-3 tolls the applicable limitations period for an action filed in federal court.
3. Whether Plaintiff's action was time-barred and subject to dismissal with prejudice.

Disposition

dismissed