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.
Have a great weekend.