Opinion

Nadra v. Mbah

  • 119 Ohio St. 3d 305
Court
Ohio Supreme Court
Filed
Aug 12, 2008
Status
Published
Author
Pfeifer
On the bench
Connor, Cupp, Donnell, Lanzinger, Moyer, Pfeifer, Stratton
Cited by
15 cases
Authority
More cited than 15.3%

“[W]e hold that R.C. 2305.10 is Ohio's general statute of limitations for personal injury applicable to claims under Section 1983, Title 42, U.S.Code, filed in state court.”

How later courts described this case

  • “[W]e hold that R.C. 2305.10 is Ohio's general statute of limitations for personal injury applicable to claims under Section 1983, Title 42, U.S.Code, filed in state court.”

Written by the judges who cited it.

The opinion

Pfeifer, J.,

dissenting.

{¶ 33} R.C. 2305.09(D) provides a four-year limitations period for “an injury to the rights of the plaintiff not arising on contract nor enumerated in sections 1304.35, 2305.10 to 2305.12, and 2305.14 of the Revised Code.” What is a claim brought pursuant to Section 1983, Title 42, U.S.Code but an allegation of an “injury to the rights of the plaintiff’? To establish a Section 1983 claim, “two elements are required: (1) the conduct in controversy must be committed by a person acting under color of state law, and (2) the conduct must deprive the plaintiff of rights, privileges or immunities secured by the Constitution or laws of the United States.” (Emphasis added.) 1946 St. Clair Corp. v. Cleveland (1990), 49 Ohio St.3d 33, 34 , 550 N.E.2d 456 . Ohio has a statute of limitations that exactly applies to the injuries Nadra alleges. Instead of applying it, the majority undergoes a laborious, United States Supreme Court-authorized analysis to determine that the sky is chartreuse. It merely had to look up to see that it’s blue.

Lanzinger, J., concurs in the foregoing opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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