Terry K. Ofori v. David W. Zook, et al.

Summary

The United States District Court for the Western District of Virginia granted defendants' motions for summary judgment in Terry K. Ofori's 42 U.S.C. § 1983 action alleging retaliation and deliberate indifference at Wallens Ridge State Prison. The court held that the claims were barred by Virginia's two-year statute of limitations and that a separate state-court action did not toll the limitations period because the defendants were different.

Holdings

1. The defendants were entitled to summary judgment because Ofori's retaliation and deliberate-indifference claims were filed more than two years after the latest alleged conduct and were therefore time-barred.
2. The pendency of Ofori's Wise County action did not toll the limitations period for his federal claims because none of the defendants in this case was a defendant in the Wise County action.

Questions Presented

1. Whether defendants were entitled to summary judgment because Ofori's § 1983 claims were filed outside Virginia's applicable two-year statute of limitations.
2. Whether Ofori's 2021 action in the Circuit Court for Wise County tolled the limitations period for his claims against the defendants in this federal action.

Disposition

other