Sell v. US Dep't. of Justice, No. 08-3645

In an action alleging that plaintiff was the victim of medical malpractice that occurred while he was in federal custody awaiting trial, dismissal of the action on statute of limitations grounds is affirmed where: 1) plaintiff's mental illness did not prevent him from discovering the alleged injury; and 2) the continuous treatment doctrine did not toll the statute.

Read Sell v. US Dep't. of Justice, No. 08-3645

Appellate Information

Submitted: September 21, 2009

Filed: November 6, 2009

Judges

Opinion by Judge Wollman