Thursday, May 1, 2014

Judge Ungaro Rides Circuit!

I enjoy perusing the personal ads in the back of New Times the unpublished opinion section of the website of the United States Court of Appeals for the Eleventh Circuit.

Look what I found! In this opinion, the Court affirms summary judgment concerning what constitutes a "state actor" under 42 U.S.C. § 1983 and statute of limitations issues.

A couple of observations:

1. I imagine that Judge Ungaro found the case fascinating, what with a dispute regarding sanitary sewer systems in a housing subdivision in Alabama;

2. Any Judge Ungaro opinion should be published;

3. Although the opinion is per curiam, methinks I know who wrote it:

BRIC (plaintiff/appellant) sustained an injury when its sewer system was filled with cement and grout without its permission and, in BRIC’s words, was “destroyed.” BRIC’s injury was not the realization of its destroyed sewer system – it was the destruction itself. Its ignorance of this destruction does not toll the statute of limitations.

AFFIRMED.

Have a great weekend.

8 comments:

  1. Peruse as in "to read with thoroughness and care" or peruse as in "to browse or read through in a leisurely way."

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  2. The former as to A.N. Roquelaure's Sleeping Beauty Trilogy, the latter with my wine at lunch.

    -GB

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  3. Whenever Ungaro rides circuit, she should use her former name, Ungaro-Benages, to conform to the name of the seminal decision in the Eleventh Circuit on international comity.

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  4. Someone has got "it" bad for the Judge...

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  5. Home run GB!

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  6. We need a threesome post...one picks up where the other leaves off. You two are the best .

    -GB

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