Free Motion for Partial Summary Judgment - District Court of Arizona - Arizona

John T. Masterson, 007447 JONES, SKELTON & HOCHULI, P.L.C. Suite 800 2901 North Central Avenue Phoenix, Arizona 85012 602-263-1700 Attorneys for Defendants Tanya (Williams) Gant, Joseph Ortega and Rebecca Spurlock

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA JAY JEFFERS, JR., Plaintiff, v. OFFICER ORTEGA; CORPORAL WILLIAMS; OFFICER SPURLOCK; and DOCTOR LIZARRAGA, Defendants. Defendants, Tanya (W illiams) Gant, Joseph Ortega and Rebecca Spurlock, by their attorneys Jones, Skelton and Hochuli, pursuant to Rule 56, Fed. R. Civ. P., respectfully request the Court to enter summary judgment on all of Plaintiff's claims which accrued before March 22, 2002, for the reason that Plaintiff failed to file his complaint within the two-year statute of limitations provided for filing claims pursuant to 42 U.S.C. §1983. Specifically, most of Plaintiff's claims relate to certain incidents that occurred on or about January 12, 2001, and immediately thereafter. Plaintiff's failure to file his lawsuit within the applicable statute of limitations is fatal to those claims. This Motion is supported by the following Memorandum of Points and Authorities, the attached Statement of Facts, and the record before the Court. Case 2:04-cv-00572-MHM-LOA Document 109 Filed 12/16/2005 Page 1 of 3 DEFENDANTS TANYA (WILLIAMS) GANT, JOSEPH ORTEGA AND REBECCA SPURLOCK'S MOTION FOR PARTIAL SUMMARY JUDGMENT NO. CV'04 0572-PHX-MHM (MS)

MEMORANDUM OF POINTS AND AUTHORITIES In his First Amended Complaint, Plaintiff alleges that on or about Friday, January 12, 2001, at 8:30 a.m., he received a tray of food at the Pinal County Jail which contained a hair in his oatmeal. He then relates certain incidents which occurred between himself and certain detention officers. (SOF at ¶ 1.) Plaintiff alleges he was locked down for 168 hours and that he was not provided appropriate food and/or medication prescribed for his diabetic condition. Plaintiff contends he was damaged as a result of those incidents. (SOF at ¶ 2.) The Court should enter summary judgment on all of Plaintiff's claims related to any incidents between January, 2001 and March 22, 2002 because of the applicable statute of limitations. 42 U.S.C. §1983 does not have a statute of limitations. Federal courts have indicated that a District Court should look to the forum state's limitation period which most closely relates to Plaintiff's claims. Two Rivers v. Lewis, 174 3 rd 987 (9 th cir. 1999). In Arizona, the appropriate statute of

limitations is the two-year statute of limitations that relates to personal injury claims. Id. Thus, Plaintiffs must file §1983 actions within two years of the accrual of the cause of action. Id. As stated above, and as set forth in Plaintiff's Complaint, a number of Plaintiff's claims pertain to events that occurred from January 12, 2001 and thereafter. Plaintiff filed his original complaint on March 22, 2004. Any causes of action which accrued prior to March 22, 2002 are barred. This Court should enter summary judgment as to all claims set forth by Plaintiff in his complaint which arise out of any events which occurred prior to March 22, 2002. 2 Case 2:04-cv-00572-MHM-LOA Document 109 Filed 12/16/2005 Page 2 of 3

DATED this 16th day of December, 2005. JONES, SKELTON & HOCHULI, P.L.C.

By

/s/John T. Masterson John T. Masterson Suite 800 2901 North Central Avenue Phoenix, Arizona 85012 Attorneys for Pinal County

Electronically served this 16 th day of December, 2005, to: ALL PARTIES ON ELECTRONIC SERVICE LIST By: /s/John T. Masterson

COPY mailed this same date to: The Honorable Mary H. Murguia United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 525 401 W est Washington Street, SPC 53 Phoenix, AZ 85003-2154 Jay Jeffers Pinal County Adult Detention Center P.O. Box 2610 Florence, Arizona 85232 Pro Per

_____________________________ John T. Masterson

1524792_1

3 Document 109 Filed 12/16/2005 Page 3 of 3

Case 2:04-cv-00572-MHM-LOA