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Squire v. Rush

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: March 7, 1969.

HENRY SQUIRE, APPELLANT,
v.
JOHN RUSH, WARDEN, HUGO MACHINNIE, DEPUTY, ROBERT MOVANEY, DOCTOR ESSEX COUNTY PENITENTIARY

Van Dusen, Aldisert and Stahl, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

This appeal challenges a July 3, 1968, Memorandum and Order of the District Court granting defendants summary judgment in a civil rights action instituted under 42 U.S.C. ยง 1983 in 1968 and claiming negligent and intentional failure to give medical treatment for syphilis, causing permanent bodily injuries, while plaintiff was confined in the Essex County (New Jersey) Penitentiary from September 3, 1959, to June 28, 1960. After a thorough consideration of the record, we have concluded that Judge Shaw correctly decided that this action is barred by the two-year limitation period prescribed in N.J.S. 2A:14-2, N.J.S.A. See Hughes v. Smith, 389 F.2d 42 (3rd Cir. 1968).*fn1

The July 3, 1968, order of the District Court will be affirmed.


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