Rodgers et al v. Brinson et al

Filing 65

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' Motion for Judgment on the Pleadings as to the Claims of Plaintiff Lance Cole (ECF No. 63 ) is GRANTED, and Mr. Cole's claims are DISMISSED with prejudice. Signed by District Judge Jean C. Hamilton on 04/11/2014. (CLK)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DERRICK RODGERS, et al., ) ) ) ) ) ) ) ) ) Plaintiffs, v. DEXTER BRINSON, et al., Defendants. No. 4:12CV1482 JCH MEMORANDUM AND ORDER This matter is before the Court on Defendants’ Motion for Judgment on the Pleadings as to the Claims of Plaintiff Lance Cole, filed March 7, 2014. (ECF No. 63). Plaintiffs have not responded to the motion. In their motion Defendants assert Plaintiff Lance Cole’s claims must be dismissed, as they are barred by the applicable statute of limitations. “To determine the applicable limitations period for § 1983 claims, federal courts borrow state statutes of limitations for general personal injury claims.” Granberry v. Tobias, 2012 WL 4811170, at *2 (E.D. Mo. Oct. 10, 2012) (citing Owens v. Okure, 488 U.S. 235, 249-50 (1989); Wilson v. Garcia, 471 U.S. 261, 276 (1985)). “In Missouri, the applicable limitations period for general personal injury claims is five years.” Id. (citing Mo.Rev.Stat. § 516.120(4) (2000)). Plaintiffs allege Lance Cole suffered injury between March, 2004, and June, 2004. (See Plaintiffs’ Second Amended Complaint (ECF No. 43), ¶¶ 154-159). Mr. Cole thus was required to file his claims no later than June, 2009. Plaintiffs did not file their original Complaint in this matter until August 17, 2012, however (see ECF No. 1), and so Mr. Cole’s claims must be dismissed as untimely. See Granberry, 2012 WL 4811170, at *2 (citing Lohman v. Kempker, 34 Fed.Appx. 514, 2002 WL 992330 (8th Cir. 2002)). Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion for Judgment on the Pleadings as to the Claims of Plaintiff Lance Cole (ECF No. 63) is GRANTED, and Mr. Cole’s claims are DISMISSED with prejudice. Dated this 11th Day of April, 2014. /s/Jean C. Hamilton UNITED STATES DISTRICT JUDGE -2-

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