Scott King v. Sheriff Franklin County

Sheriff. Limitations, Statute of. Construing the plaintiff's complaint as one stating claims for the deprivation of Federal and State constitutional rights in violation of 42 U.S.C. § 1983 (1988), and G. L. c. 12, § 11H and § 11I, and perhaps common law tort claims for assault and battery, the Superior Court Judge allowed the defendants' motion for summary judgment on the stated basis that the claims were all controlled by three-year statutes of limitation and were, therefore, time-barred. On appeal, the plaintiff claims that his action was timely commenced under G. L. c. 260, § 3, which, he argues, is the applicable statute of limitation. We affirm the judgment.