Kaiser v. Cahn

Thomas Kaiser, pro se, appeals from the grant of summary judgment dismissing his complaint against appellee William Cahn, District Attorney of Nassau County. The action is brought under 42 U.S.C. § 1983, with jurisdiction based upon 28 U.S.C. §§ 1331 and 1343. The Honorable Jacob Mishler, Chief Judge of the United States District Court for the Eastern District of New York, granted summary judgment under Fed. R. Civ. P. 56(b) on the ground that the claim for relief was barred by the statute of limitations, and, more particularly, in spite of certain tolling provisions of the New York Statute of Limitations. We affirm on the basis of a somewhat different analysis.