From Casetext: Smarter Legal Research

Steve's Gun Shop, Inc. v. Louisville Metro Police Dep't

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION
May 7, 2013
CIVIL ACTION NO. 3:12-CV-696-H (W.D. Ky. May. 7, 2013)

Opinion

CIVIL ACTION NO. 3:12-CV-696-H

05-07-2013

STEVE'S GUN SHOP, INC., d/b/a BIFF'S GUN WORLD, et al. PLAINTIFFS v. LOUISVILLE METRO POLICE DEPARTMENT, et al. DEFENDANTS


MEMORANDUM OPINION AND ORDER

Defendant, Kevin Peak, has moved to dismiss Counts III and IV of the complaint as to all Defendants on the grounds that the summons were not issued until almost four months after the statute of limitations had passed.

Plaintiffs do not contest that they failed to timely issue the summons for a state law claim. Rather, they argue that Counts III and IV actually assert federal claims, which would not be barred under applicable federal law.

The Court has reviewed the complaint carefully. Counts I and II clearly state federal claims under 42 U.S.C. § 1983. Count III asserts a state law negligence claim and Count IV asserts a state law conspiracy claim. Neither of the latter two counts reference a federal claim. That they may arise from the same circumstances as the federal claims does not change the nature of the cause of action.

For all the foregoing reasons, the Court concludes that the state law claims asserted in Counts III and IV are barred by the applicable statute of limitations.

Being otherwise sufficiently advised,

IT IS HEREBY ORDERED that Defendants' motion to dismiss is SUSTAINED and Counts III and IV of the complaint are DISMISSED as to all Defendants with prejudice.

This is not a final order.

John G. Heyburn II , Judge

United States District Court
cc: Counsel of Record


Summaries of

Steve's Gun Shop, Inc. v. Louisville Metro Police Dep't

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION
May 7, 2013
CIVIL ACTION NO. 3:12-CV-696-H (W.D. Ky. May. 7, 2013)
Case details for

Steve's Gun Shop, Inc. v. Louisville Metro Police Dep't

Case Details

Full title:STEVE'S GUN SHOP, INC., d/b/a BIFF'S GUN WORLD, et al. PLAINTIFFS v…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY LOUISVILLE DIVISION

Date published: May 7, 2013

Citations

CIVIL ACTION NO. 3:12-CV-696-H (W.D. Ky. May. 7, 2013)