Fairley argues that Gates should not be applied retroactively. As we explained in Young v. Biggers, 816 F.2d 216 (5th Cir. 1987), we are bound to apply Gates retroactively. ( Shelby v. McAdory, 781 F.2d 1053 (5th Cir. 1986) requires that Gates be applied retroactively in § 1983 suit against law enforcement officials). Fairley's action, therefore, was time-barred one year from the date when he knew or had reason to know of the injury that is the basis of his action.
A week before the district court issued its decision in this case, a panel of this circuit applied Gates retroactively in a case involving a § 1983 suit against state law enforcement officials. Shelby v. McAdory, 781 F.2d 1053, 1054 (5th Cir. 1986). Shelby is indistinguishable from this case.
According to Defendant, this § 1983 cause of action is governed by the three-year statute of limitations contained in Miss. Code Ann. § 15-1-49 (Supp. 2005). He cites James v. Sadler, 909 F.2d 834, 836 (5th Cir. 1990); Shelby v. McAdory. 781 F.2d 1053, 1054 (5th Cir. 1986); and, Giles v. Stokes, 988 So.2d 926 (Miss. App. 2008), in support of his defense. Plaintiff has not rebutted Defendant's assertion that this case is barred by Mississippi's residual statute of limitations.
See Breland v. Board of Education, 729 F.2d 360 (5th Cir. 1984); White v. United Parcel Service, 692 F.2d 1 (5th Cir. 1982). However, in Shelby v. McAdory; 781 F.2d 1053 (5th Cir. 1986), we went one step further and applied this one-year statute of limitations retroactively to bar a section 1983 claim that under pre- Wilson Circuit precedent was timely when filed. See id. at 1054.
Al-Khazraji held, among other things, that a decision determining that a shorter statute of limitations governed an action such as this than that which had been previously held to control should not be applied retroactively to bar the action. The effect of that holding is to overrule Shelby v. McAdory, 781 F.2d 1053 (5th Cir. 1986), which bound our decision in this case, and to mandate the contrary result here. Young's action is therefore not time-barred, and he can now proceed with his civil rights action against those who tried and convicted him of bank robbery for depriving him of his liberty, property and so on. REVERSED.
If we find the order of summary judgment correct, we can affirm the order although we disagree with the reasons given by the trial judge. Shelby v. McAdory, 781 F.2d 1053, 1054 (5th Cir. 1986). Moreover, our conclusion that Cooper's unseaworthiness claim is governed by § 763a rather than by the analogous Jones Act statute of limitations and the doctrine of laches is not altered by our decision in Albertson v. T.J. Stevenson Co., Inc., 749 F.2d 223 (5th Cir. 1984).
For cases brought in Mississippi, the three-year statute of limitations of Miss. Code Ann. § 15-1-49 applies. James v. Sadler, 909 F.2d 834, 836 (5th Cir.1990); Shelby v. McAdory, 781 F.2d 1053, 1054 (5th Cir.1986); McClain v. Laster, No. 3:14CV366-HTW-LRA, 2015 WL 7575338, at *2-3 (S.D. Miss. Oct. 27, 2015), report and recommendation adopted, No. 3:14-CV-366-HTW-LRA, 2015 WL 7681266 (S.D. Miss. Nov. 25, 2015). Proscribed claims are properly dismissed as frivolous.
For cases brought in Mississippi, the three-year statute of limitations of Miss. Code Ann. § 15-1-49 applies. James v. Sadler, 909 F.2d 834, 836 (5th Cir.1990); Shelby v. McAdory, 781 F.2d 1053, 1054 (5th Cir.1986); McClain v. Laster, No. 3:14CV366-HTW-LRA, 2015 WL 7575338, at *2-3 (S.D. Miss. Oct. 27, 2015), report and recommendation adopted, No. 3:14-CV-366-HTW-LRA, 2015 WL 7681266 (S.D. Miss. Nov. 25, 2015). Proscribed claims are properly dismissed as frivolous.
2005) applies. James v. Sadler, 909 F.2d 834, 836 (5th Cir. 1990); Shelby v. McAdory, 781 F.2d 1053, 1054 (5th Cir. 1986). Proscribed claims are properly dismissed as frivolous. See, e.g., Brown v. Pool, 79 F.App'x 15, 17 (5th Cir. 2003); Gonzales, 157 F.3d at 1019-20; Ramon v. Rodriguez Mendoza, No. 09-50607, 2010 WL 1287062, *1 (5th Cir. Apr. 1, 2010); Favre v. Mississippi, No. 1:10cv32, 2010 WL 2025533 (S.D. May 19, 2010).
2005) applies. James v. Sadler, 909 F.2d 834, 836 (5th Cir. 1990); Shelby v. McAdory, 781 F.2d 1053, 1054 (5th Cir. 1986). A federal court should also give effect to the forum state's applicable tolling provisions.