Hall v. Detroit, City of et al

Filing 40

ORDER OF DISMISSAL, Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RICHARD LOUIS HALL,
Case No. 15-12971
Plaintiff,
Honorable John Corbett O’Meara
v.
JOHN DOE POLICE OFFICERS,
Defendants.
/
ORDER OF DISMISSAL
On December 9, 2015, this court entered an order granting defendants City of
Detroit and its police officers' October 14, 2015 motion to dismiss. Plaintiff Hall
appealed the decision to the United States Court of Appeals for the Sixth Circuit. On
June 17, 2016, the appellate court affirmed this court's order regarding defendant City
of Detroit and remanded the portion of the action concerning the unnamed police
officers.
In its June 2016 order, the Court of Appeals noted, "naming 'John Doe'
defendants cannot be used to circumvent the applicable statute of limitations, see Cox
v. Treadway, 75 F.3d 230, 240 (6th Cir. 1996), and Hall's complaint concerns events
that happened in October 2011." Hall v. City of Detroit, No. 15-2541 (6th Cir. June
17, 2016). The appellate court further pointed out Michigan's applicable three-year

statute of limitations period, as well as the fact that "a district court has the authority
to raise a limitations bar sua sponte, see Alston v. Tenn. Dept' of Corr, 28 F. App'x
475, 476 (6th Cir. 2002)." Id. at 3.
Plaintiff Hall filed this action August 20, 2015, regarding events that allegedly
occurred in October 2011. This court finds that Hall's claims against the John Doe
defendants are therefore barred by Michigan's statute of limitation. See Harrison v.
Michigan, 722 F.3d 768, 772 (6th Cir. 2013). Accordingly, it is hereby ORDERED
that this action is DISMISSED in its entirety.

s/John Corbett O'Meara
United States District Judge
Date: November 22, 2016

I hereby certify that a copy of the foregoing document was served upon the
parties of record on this date, November 22, 2016, using the ECF system and/or
ordinary mail.

s/William Barkholz
Case Manager

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