Homer Ray Brown v. Town of Caliente, Nevada and County of Lincoln, Nevada

This is an appeal from an order dismissing an action for damages brought under Title 42 U.S.C. Section 1983 , R.S. Section 1979, (based on the Act of April 20, 1871, c. 22, Sec. 1, 17 Stat. 13 ), alleging a violation of Brown’s civil rights.

Brown, then incarcerated in a California State prison, was allowed to proceed in forma pauperis, and an attorney was appointed for him. His complaint, filed May 26, 1966, alleged an unlawful arrest on July 19, 1959, followed by unlawful search and seizure and confessions coerced by law enforcement officers.

An order was made that two defendants, Town of Caliente, Nevada, (hereafter Caliente), and County of Lincoln, Nevada, (hereafter Lincoln), be served by the Marshal. No other defendants were served.

Caliente and Lincoln appeared and moved to dismiss the complaint on the ground it failed to state a cause of action. On the motion, they urged:

1. Failure to state a claim on the ground that Caliente and Lincoln, as political subdivisions of the state, were not defendants against whom relief eoúld be granted; and

2. The claim was barred by the Nevada statute of limitations. Supporting material, by affidavit, showed that more than four years…