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Friday, July 08, 2011

Ind. Decisions - One Indiana decision today from 7th Circuit

In John Logan v. Donna Wilkins (SD Ind., Lawrence), a 12-page opinion, Judge Williams writes:

John A. Logan claims that the defendants, who are local government officials and a private individual, conspired to deprive him of a mobile home park he owned in Indiana, in violation of his constitutional rights. Much of the defendants’ alleged wrongdoing occurred more than two years before Logan filed this lawsuit. Because Logan’s claims are subject to a two-year statute of limitations, we find that any claims arising from wrongdoing that occurred more than two years before this lawsuit was filed are time barred.

We also find that Logan failed to challenge on appeal the district court’s dismissal of the claims that were not time barred, and that he therefore waived any contention that the court erroneously dismissed those claims. Even if there had been no waiver, we find that Logan’s allegations do not give rise to a claim for conspiracy to violate any rights protected by 42 U.S.C. § 1983, as Logan claims.

Finally, we decline to exercise our power to remand this case to the district court to allow Logan to amend his complaint because Logan does not point to any additional facts that would cure the deficiencies in his complaint. Therefore, we affirm the district court’s judgment.

Posted by Marcia Oddi on July 8, 2011 10:54 AM
Posted to Ind. (7th Cir.) Decisions