Christine Bordeaux v. Cheryl Bicknase, No. 22-3154 (8th Cir. 2023)
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Plaintiff sued several prison officials under 42 U.S.C. Section 1983 for deliberate indifference after she was assaulted by a fellow inmate and co-defendant. She appealed the district court’s dismissal of one prison staff member, the grant of summary judgment to other staff members, and the denial of her motion to alter or amend the judgment.
The Eighth Circuit affirmed. The court explained that under Nebraska law, Plaintiff had four years to sue after her cause of action accrued. Plaintiff’s Section 1983 claims started to accrue when she was assaulted in September 2016, the moment she could “sue and obtain relief.”. When Plaintiff sought to sue Defendant in December 2020, more than four years later, her claims were time-barred. The court explained that it is not persuaded by Plaintiff’s arguments to the contrary, so the district court did not err. Moreover, the court held that the district court did not abuse its discretion when it denied Plaintiff’s motion, considering she had notice of what she needed to do to comply with the local rules and neglected to do so.
Court Description: [Kobes, Author, with Shepherd and Stras, Circuit Judges] Prisoner case - Prisoner civil rights. Under Nebraska law, plaintiff's Section 1983 claims against defendant Hunzeker began to accrue on the date of the assault on plaintiff and had to be brought within four years of that date; plaintiff sought to sue Hunzeker more than four years later, and her claims were time-barred; there were no genuine issues of material fact as to whether the defendants were deliberately indifferent to a risk posed by another inmate, and the district court did not err in granting defendants' motion for summary judgment; the district court did not abuse its discretion in denying plaintiff's motion to alter or amend the judgment.
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