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Allen v. Gifford

United States Court of Appeals, Fourth Circuit
Jun 21, 1972
462 F.2d 615 (4th Cir. 1972)

Summary

applying Virginia's statute of limitations for personal injury suits to § 1982 action

Summary of this case from Johnson v. Belskis

Opinion

No. 72-1234.

Argued June 6, 1972.

Decided June 21, 1972.

Filmore E. Rose, Norfolk, Va. (Stanley E. Sacks and Sacks, Sacks Tavss, Norfolk, Va., on brief), for appellants.

Norris E. Halpern, Norfolk, Va. (Gordon E. Campbell and Campbell, Lustig Hancock, Norfolk, Va., on brief), for appellees.

Appeal from the United States District Court for the Eastern District of Virginia.

Before BUTZNER, RUSSELL, and FIELD, Circuit Judges.


Jesse L. Allen and Constance G. Allen appeal from an order of the district court which held that their complaint charging racial discrimination in the sale of real estate in violation of 42 U.S.C. § 1982 was barred by Virginia's one-year statute of limitations. The complaint, which seeks compensatory and punitive damages, alleges that the Allens suffered humiliation, emotional stress, and anxiety when the defendants initially refused to sell them a house. Later the Allens succeeded in purchasing a home in the subdivision the defendants were developing.

While this appeal was pending, we held, in Almond v. Kent, 459 F.2d 200 (4th Cir., 1972), that the state's two-year statute applies to actions brought under 42 U.S.C. § 1983 for personal injuries. Both § 1982 and § 1983 were enacted to redress the infringement of civil rights. Both allow the recovery of damages for personal wrongs. We conclude, therefore, that the reasons stated in Almond for applying Virginia's two-year statute of limitations to actions under § 1983 make the same limitation period appropriate for personal injury suits based on § 1982.

Accordingly, the judgment of the district court is vacated, and this case is remanded for further proceedings. Each party shall bear his own costs.


Summaries of

Allen v. Gifford

United States Court of Appeals, Fourth Circuit
Jun 21, 1972
462 F.2d 615 (4th Cir. 1972)

applying Virginia's statute of limitations for personal injury suits to § 1982 action

Summary of this case from Johnson v. Belskis

In Allen v. Gifford, 462 F.2d 615 (4th Cir. 1972) where the alleged violations of §§ 1982 and 1983 dealt with the refusal to sell a house to a black were held subject to a two year statute of limitations.

Summary of this case from Harris v. Obenshain

In Allen v. Gifford, 462 F.2d 615 (4th Cir. 1972) the United States Court of Appeals for the Fourth Circuit held that a two-year limitation period was applicable to actions arising under 42 U.S.C. § 1982 on the basis of Code of Virginia § 8-24 (1950).

Summary of this case from Brown v. Blake & Bane, Inc.

In Allen v. Gifford, 462 F.2d 615 (4th Cir.), cert. denied, 409 U.S. 876, 93 S.Ct. 128, 34 L.Ed.2d 130 (1972) the two-year limitation was similarly held applicable to a suit under 42 U.S.C. § 1982 alleging racial discrimination in defendant's refusal to sell the plaintiff a house.

Summary of this case from Equal Emp. Op. Com'n v. Christiansburg Garment
Case details for

Allen v. Gifford

Case Details

Full title:JESSE L. ALLEN AND CONSTANCE G. ALLEN, APPELLANTS v. LEE A. GIFFORD AND…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 21, 1972

Citations

462 F.2d 615 (4th Cir. 1972)

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