Cleavon L. Allen v. Charle King, No. 07-11319 (11th Cir. 2008)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT May 28, 2008 THOMAS K. KAHN CLERK No. 07-11319 Non-Argument Calendar ________________________ D. C. Docket No. 06-80857-CV-KLR CLEAVON L. ALLEN, Plaintiff-Appellant, versus CHARLES KING, J. FORD, et al. Defendants-Appellees. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (May 28, 2008) Before TJOFLAT, ANDERSON and HULL, Circuit Judges. PER CURIAM: Appellant, a Florida prison inmate, brought this action for damages under 42 U.S.C. § 1983 against the appellee police officers for allegedly using excessive force in arresting him on August 26, 1997. The district court, acting sua sponte, dismissed his complaint under 28 U.S.C. § 1915(e)(2)(B)(ii) on the ground that his claim is barred by Florida s four-year statute of limitations. He now appeals the court s ruling. There is no specific statute of limitations period for actions brought under § 1983. Owens v. Okure, 488 U.S. 235, 239, 109 S.Ct. 573, 576, 102 L.Ed.2d 594 (1989). Instead, the statute of limitations period for § 1983 claims is determined by the state s statute of limitations for personal injury claims. Id. at 240-41. Florida's four-year statute of limitations [period] applies to § 1983 claims. Chappell v. Rich, 340 F.3d 1279, 1283 (11th Cir. 2003). Appellant s § 1983 claim arose on August 26, 1997. He delivered his law suit to prison officials for filing on September 6, 2006, nine years later. His claim is time-barred. AFFIRMED . 2
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