The defendants point out Sulik has not submitted an affidavit as the Rule requires. § 1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid. Timely filing may be shown by a declaration in compliance with 28 U.S.C. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. If an inmate confined in an institution files a notice of appeal in either a civil or a criminal case, the notice is timely if it is deposited in the institution's internal mail system on or before the last day for filing. The defendants initially contend we lack jurisdiction to consider Sulik's appeal because he did not comply with the requirements of Federal Rule of Appellate Procedure 4(c)(1) (the prison mailbox rule). Sulik appeals the dismissal of his complaint asserting the district court should have deemed his § 1983 action filed when he placed his complaint in the prison mail system. The envelope containing the notice of appeal bore a November 21 postmark. On November 27, 2001, one day late, the district court received Sulik's notice of appeal. Judgment was entered on October 26, 2001. The district court dismissed Sulik's complaint as untimely. The defendants filed a motion to dismiss the petition asserting it was filed beyond the five-year statute of limitations. The district court received Sulik's complaint on February 20, 2001. Sulik asserts he placed his complaint, dated February 15, 2001, in the prison's internal mail system that day. Sulik's action arose on February 16, 1996. § 1983 action against Taney County and various law enforcement officers. Sulik, a state prisoner, brought this 42 U.S.C. After he was assaulted in the Taney County jail, Ronald C. The opinion of the court was delivered by: Fagg, Circuit Judge Before Loken, Fagg, and Morris Sheppard Arnold, Circuit Judges. Appeal from the United States District Court for the Western District of Missouri. CLEMENS LESLIE CLEMENS FRANK MILLER, APPELLEES. TANEY COUNTY, MISSOURI THERON JENKINS DALTON ALAN HAHN TONY STEPHENS BARNEY NAOTIE KEN CARLSON DENISE BISHOP MICHELE JOHNSON MICHAEL G. Taney County, Missouri, 316 F.3d 813 (8th Cir. The dismissal against the police officers was upheld because Sulik filed at the 5-year limitation period instead of 3-years. The court of appeals reversed the district court's dismissal and remanded with orders to reinstate the claims against the county. 266 (1988), and finding that all courts of appeals who have considered this issue upheld the prison mailbox rule on civil complaints, (see opinion for list of circuits), announced that the 8th Circuit now extends the prison mailbox rule to the filing of civil complaints. The court of appeals, in reviewing the Supreme Court's decision in Houston v. The court asserted that "the Eighth Circuit has not extended the prison mailbox rule to the filing of civil complaints." The district court found Sulik's complaint was filed five days late even though Sulik contends that he handed it to prison officials one day before the filing deadline. Missouri has a 5-year statute of limitations on filing a civil complaint against the county, but only a 3-year time limit on complaints against police officers. The court then turned to Sulik's late filed complaint. 4(c)(1)) Finding, no requirement that the affidavit be filed with the notice of appeal, the court simply ordered Sulik to file the affidavit, thus establishing jurisdiction in the court of appeals. The postmark indicated that notice of appeal was timely handed to prison officials for mailing to the court, however, Sulik had failed to include the required affidavit. The first issue for the court of appeals to resolve was the late filed notice of appeal. Also at issue was Sulik's late filing of his notice of appeal without an affidavit showing the date of mailing. District Court for the Western District of Missouri dismissed Sulik's complaint as untimely filed even though he placed the complaint into the prison mailbox one day before the filing deadline. Ronald Sulik, a Missouri state prisoner, filed a federal complaint against Taney County, Missouri, and police officers regarding an assault on Sulik while he was in the Taney County Jail. Court of Appeals for the 8th circuit reversed and remanded a district court's dismissal of a prisoner's § 1983 complaint as untimely filed, holding that the prison mailbox rule applied to a prisoner's civil rights complaint. Prison Mailbox Rule Applies To Civil Rights Complaint Share: Share on Twitter Share on Facebook Share on G+ Share with email
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