WATKINS-EL (LARRY E.) VS. KING (MICKEY), ET AL.
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RENDERED: JULY 23, 2010; 10:00 A.M.
NOT TO BE PUBLISHED
Commonwealth of Kentucky
Court of Appeals
NO. 2009-CA-001903-MR
LARRY E. WATKINS-EL
v.
APPELLANT
APPEAL FROM JEFFERSON CIRCUIT COURT
HONORABLE IRV MAZE, JUDGE
ACTION NO. 09-CI-008301
MICKEY KING AND
MICHAEL WILCOXSON
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE: TAYLOR, CHIEF JUDGE; DIXON, JUDGE; HENRY,1 SENIOR
JUDGE.
1
Senior Judge Michael L. Henry sitting as Special Judge by assignment of the Chief Justice
pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes
21.580.
TAYLOR, CHIEF JUDGE: Larry E. Watkins-El brings this pro se appeal from a
September 15, 2009, Opinion and Order of the Jefferson Circuit Court dismissing
his complaint brought under 42 U.S.C. § 1983. We affirm.
Appellant filed a pro se complaint against Mickey King, a Louisville
Metro Police Officer, and Michael Wilcoxson, appellant’s parole officer.
Appellant alleged that in 2007, King wrongfully arrested him and charged him
with drinking alcohol in a public place and loitering. Appellant also claimed that
Wilcoxson improperly failed to obey “special conditions” of appellant’s parole and
made false allegations against him. Appellant further asserted that King and
Wilcoxson conspired and retaliated against him in violation of 42 U.S.C. § 1983.
King and Wilcoxson filed a motion to dismiss based upon expiration of the statute
of limitations. By order entered September 15, 2009, the circuit court granted the
motion and dismissed the complaint as time-barred. This appeal follows.
Appellant contends the circuit court erroneously dismissed his
complaint as time-barred. We disagree.
In dismissing appellant’s complaint, the circuit court reasoned:
The statute of limitations for 42 U.S.C. § 1983
actions is a one-year period which, in this case, began to
run when [appellant] became held pursuant to legal
process. Dunn v. Felty, 226 S.W.3d 68, 72 (Ky. 2007);
KRS 413.140. On August 15, 2007, Officer King cited
[appellant] for Drinking Alcohol in a Public Place and
Loitering. Following his parole revocation [November
-2-
20, 2007], [appellant] filed the instant suit on August 19,
2009, clearly after the time to bring the instant action suit
had expired. Therefore, this Court finds that [appellant]
is not entitled to relief in this case since the suit was filed
well after the statute of limitations had expired. . . .
We view the circuit court’s reasoning persuasive. Moreover,
appellant’s argument that his complaint was timely because of an earlier filed writ
of mandamus is simply without merit. In short, we conclude that the circuit court
properly dismissed appellant’s claims under 42 U.S.C. § 1983 as untimely.
For the foregoing reasons, the Opinion and Order of the Jefferson
Circuit Court is affirmed.
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Larry E. Watkins-El, Pro Se
Beattyville, Kentucky
Michael J. O’Connell
Lisa L. Langford
Louisville, Kentucky
-3-
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