Bright Mccausland v. Mason Cnty. Bd. Of Educ., 649 F.2d 278 (4th Cir. 1981). · Go Syfert
Bright Mccausland v. Mason Cnty. Bd. Of Educ., 649 F.2d 278 (4th Cir. 1981). Cases Citing This Book View Copy Cite
47 citation events (12 in the last 25 years) across 13 distinct courts.
Strongest positive: Butcher v. The City of Clarksburg (wvnd, 2019-11-13)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
cited Cited as authority (rule) Butcher v. The City of Clarksburg
N.D.W. Va. · 2019 · confidence medium
McCausland stands primarily for the proposition that § 1983 claims are subject to West Virginia’s two-year statute of limitations for personal injury actions. 649 F.2d at 279.
discussed Cited as authority (rule) Metzger v. Commissioner
Tax Ct. · 1987 · confidence medium
The court held that the personal injury statute of limitations (2 years) applied, as follows (649 F.2d at 279): We have consistently held, however, that the Reconstruction Civil Rights Acts create causes of action “where there has been injury, under color of state law, to the person or to the constitutional or federal statutory rights which emanate from or are guaranteed to the person.” Almond v. Kent, 459 F.2d 200, 204 (4 Cir. 1972); accord, Allen v. Gifford, 462 F.2d 615 (4 Cir.) * * * (1972); McCrary v. Runyon, 515 F.2d 1082 , 1097 (4 Cir. 1975), aff’d., 427 U.S. 160 , 180-82 * * * (1…
discussed Cited as authority (rule) Wilson v. Garcia (2×) also: Cited "see, e.g."
SCOTUS · 1985 · confidence medium
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." U. S. Const., Amdt. 14, § 1. [38] See also McCausland v. Mason County Board of Education, 649 F. 2d 278, 279 (CA4), cert. denied, 454 U. S. 1098 (1981).
cited Cited as authority (rule) Sabet v. Easthern Virginia Medical Authority
E.D. Va. · 1985 · confidence medium
See 42 U.S.C. § 1988 ; McCausland v. Mason County Board of Education, 649 F.2d 278, 279 (4th Cir.) cert. denied, 454 U.S. 1098 , 102 S.Ct. 671 , 70 L.Ed.2d 639 (1981).
discussed Cited as authority (rule) Evans v. CHESAPEAKE AND POTOMAC TEL. CO. OF MD. (2×) also: Cited "see"
D. Maryland · 1982 · confidence medium
Because the Reconstruction Civil Rights Acts, 42 U.S.C. §§ 1981 , 1982, 1983, 1985 and 1986, do not themselves contain limitations periods, 42 U.S.C. § 1988 requires that the federal courts in such cases borrow, with certain conditions, “an appropriate limitations period from the state in which the claims arose.” McCausland v. Mason County Board of Education, 649 F.2d 278, 279 (4th Cir. 1981).
discussed Cited "see" Gedrich v. Fairfax County Department of Family Services
E.D. Va. · 2003 · signal: see · confidence high
See McCausland v. Mason County Bd. of Educ., 649 F.2d 278 , 279 (4th Cir.1981) (“For the most part, the Reconstruction Civil Rights Acts do not provide specifically for limitations on the time in which claims thereunder may be brought.
discussed Cited "see" Bell v. PHILIPS ELECTRONICS, OF THE NETHERLANDS
N.D.W. Va. · 1995 · signal: accord · confidence high
Accord McCausland v. Mason County Bd. of Ed., 649 F.2d 278 (4th Cir.1981) (action for wrongful discharge pursuant to 42 U.S.C. § 1981 , 1982, 1983, 1985 and 1986 subject to two year statute of limitations in West Virginia).
cited Cited "see" Roberts v. Wood County Com'n
4th Cir. · 1993 · signal: see · confidence high
See McCausland v. Mason County Bd. of Educ., 649 F.2d 278 , 279 (4th Cir.), cert. denied, 454 U.S. 1098 (1981).
discussed Cited "see" Sattler v. Johnson
4th Cir. · 1988 · signal: see · confidence high
See McCausland v. Mason County Board of Education, 649 F.2d 278, 279 (4th Cir.), cert. denied, 454 U.S. 1098 , 102 S.Ct. 671 , 70 L.Ed.2d 639 (1981) (federal courts in section 1983 actions borrow applicable state statute of limitations) 4 Section 1983 states: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Const…
discussed Cited "see" Sattler v. Johnson
4th Cir. · 1988 · signal: see · confidence high
See McCausland v. Mason County Board of Education, 649 F.2d 278, 279 (4th Cir.), cert. denied, 454 U.S. 1098 , 102 S.Ct. 671 , 70 L.Ed.2d 639 (1981) (federal courts in section 1983 actions borrow applicable state statute of limitations). .
Retrieving the full opinion text from the archive…
Bright McCausland
v.
Mason County Board of Education, a Corporation Harry Siders, Individually and as President of Said Corporation Bill Brady and Robert Adkins, Individually and Together With Harry Siders, Constituting a Majority of Said Board of Education Donald C. Kingery, Esq., Individually and as Counsel for Said Corporation as Well as Prosecuting Attorney in Mason County, West Virginia and Walter Villars, and Nellie Preston
80-1780.
Court of Appeals for the Fourth Circuit.
May 27, 1981.
649 F.2d 278
Published

649 F.2d 278

Bright McCAUSLAND, Appellant,
v.
MASON COUNTY BOARD OF EDUCATION, a corporation; Harry
Siders, individually and as President of said corporation;
Bill Brady and Robert Adkins, individually and together with
Harry Siders, constituting a majority of said Board of
Education; Donald C. Kingery, Esq., individually and as
counsel for said corporation as well as prosecuting attorney
in Mason County, West Virginia; and Walter Villars, and
Nellie Preston, Appellees.

No. 80-1780.

United States Court of Appeals,
Fourth Circuit.

Argued April 8, 1981.
Decided May 27, 1981.

Harry Alan Sherman, Pittsburgh, Pa. (Donald R. Wilson, Preiser & Wilson, Charleston, W. Va., on brief), for appellant.

Jerry N. Ragan, Huntington, W. Va. (John F. Wood, Jr., Wood, Grim & Delp, Huntington, W. Va., on brief), John J. Nesius, S. Charleston, W. Va. (Davis & Nesius, S. Charleston, W. Va., on brief), (David Nibert, Kingery & Nibert, Charles J. Hyer, Hyer & Littlepage; R. Michael Shaw, Shaw & Stein, Point Pleasant, W. Va., on brief), for appellees.

Before WINTER, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and HALL, Circuit Judge.

WINTER, Chief Judge:

[*~278]1

Bright McCausland appeals from the judgment of the district court dismissing his complaint under 42 U.S.C. §§ 1981, 1982, 1983, 1985 and 1986 (1976), because the West Virginia statute of limitations barred his claims. We think the district court applied the statute properly and affirm.

2

McCausland filed his federal complaint over five years after the Mason County Board of Education discharged him from his post as a high school principal. The essence of his claim is that he was deprived of his liberty and property interests in his teaching position without due process of law.

3

For the most part, the Reconstruction Civil Rights Acts do not provide specifically for limitations on the time in which claims thereunder may be brought. The federal courts therefore borrow an appropriate limitations period from the state in which the claims arose. Under the law of West Virginia applicable here, the limitations period for actions brought on contracts is five or ten years, W.Va.Code § 55-2-6, and the limitations period for actions brought for personal injuries is two years, id. § 55-2-12. McCausland contends that the basis of his action stems from the Board of Education's breach of his teaching contract, and that the five or ten-year limitation on contract actions should therefore apply.

4

We have consistently held, however, that the Reconstruction Civil Rights Acts create causes of action "where there has been injury, under color of state law, to the person or to the constitutional or federal statutory rights which emanate from or are guaranteed to the person." Almond v. Kent, 459 F.2d 200, 204 (4 Cir. 1972); accord, Allen v. Gifford, 462 F.2d 615 (4 Cir.), cert. denied, 409 U.S. 876, 93 S.Ct. 128, 34 L.Ed.2d 130 (1972); McCrary v. Runyon, 515 F.2d 1082, 1097 (4 Cir. 1975), aff'd, 427 U.S. 160, 180-82, 96 S.Ct. 2586, 2599-2600, 49 L.Ed.2d 415 (1976). As a consequence it is to the state statute of limitations for personal injuries to which we usually look in determining when claims are time-barred. Although McCausland had and may still have a cause of action on his contract in the state courts, to demonstrate the required constitutional basis for his federal complaint he must allege personal injury transcending contract rights. It follows that, in the absence of any state statute of limitations specifically applicable to suits to redress a violation of civil rights, the West Virginia limitation on personal injury actions applies in this case.

5

McCausland argues that his federal claims are nonetheless not barred because the conduct of the defendants violative of his civil rights has been continuous. He fails to allege any overt act by the defendants since their refusal to reinstate him after directed to do so by the State Superintendent of Schools in April 1974, still some four and one-half years prior to the filing of his federal complaint. The Supreme Court has held that employment actions brought under federal civil rights statutes accrue from the date of the discriminatory discharge in the absence of additional overt discriminatory acts. Delaware State College v. Ricks, -- U.S. --, -- - --, 101 S.Ct. 498, 503-05, 66 L.Ed.2d 431, 439-40 (1980). McCausland's claims are thus barred by the West Virginia statute of limitations, and the district court properly dismissed his complaint.

[*~279]6

AFFIRMED.