MARCUS BELTON, ET AL. v. CITY OF MEMPHIS, ET AL. - Articles

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Posted by: Amelia Ferrell Knisely on May 10, 2016

Court: TN Court of Appeals

Attorneys 1:

Drayton D. Berkley, Memphis, Tennessee, for the appellant, Marcus Belton.

Attorneys 2:

Donald A. Donati and Bryce W. Ashby, Memphis, Tennessee, for the appellee, A C Wharton.

Sean Antone Hunt and Salwa Adnan Bahhur, Memphis, Tennessee, for the appellees, City of Memphis and Martha Lott.

Judge(s): STAFFORD

Plaintiff/Appellant appeals from the dismissal of his civil rights claims based upon the expiration of the one-year statute of limitations contained in Tennessee Code Annotated Section 28-3-104. Because Appellant?s complaint, taken as true at the motion to dismiss stage, sufficiently alleges post-contract formation conduct on the part of the Defendants/Appellees, we conclude that the four-year federal catchall statute of limitations under 28 U.S.C. § 1658 applies to Appellant?s claims in this case. Accordingly, we reverse the trial court?s dismissal of Appellant?s civil rights claims and remand for further proceedings. Because Appellant did not designate the dismissal of his state law contract claims as issues on appeal, however, we affirm the dismissal of those claims.