United States Eighth Circuit

In an action alleging that plaintiff was the victim of medical malpractice that occurred while he was in federal custody awaiting trial, dismissal of the action on statute of limitations grounds is affirmed where: 1) plaintiff's mental illness did not prevent him from discovering the alleged injury; and 2) the continuous treatment doctrine did not toll the statute.

Appellate Information

• Decided 11/06/2009
• Published 11/06/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, HANSEN, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert Scott Merlin, argued, Ray B. Marglous, on the brief, St. Louis, MO, for appellant.


• For Appellees:
  
• Nicholas P. Llewellyn, AUSA, argued, St. Louis, MO, for appellee.