Tuesday, March 19, 2013

Summary 2013 WY 33

Summary of Decision March 19, 2013

Justice Hill delivered the opinion for the Court. Affirmed.


Docket Number: S-12-0130

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Laramie County, Honorable Michael Davis, Judge.

Representing Appellant: Steve A. DeLoge, Pro se.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; and Patricia L. Bach, Senior Assistant Attorney General for Laramie County District Attorney’s Office; and J. Mark Stewart of Davis and Cannon, LLP, Cheyenne, WY, for Cheyenne Police Department.

Date of Decision: March 19, 2013

Facts: In 2011, Steven DeLoge filed a 42 U.S.C. § 1983 complaint for damages arising out of property confiscated from his home in 1999 when he was arrested and convicted on six counts of sexual assault. The district court dismissed Mr. DeLoge’s complaint as time barred, and in his fifth appearance before this Court, Mr. DeLoge appealed.

Issues: Mr. DeLoge appears pro se and presents the following issues on appeal:

Issue I: Whether the district court correctly dismissed the 42 U.S.C. § 1983 complaint finding the claims barred by statute of limitations and failure to file governmental claims?

Issue II: Whether the district court opinion and order on motions to dismiss the 42 U.S.C. § 1983 complaint denied [DeLoge] full and fair adjudication based on the merits of the case?

Issue III: Whether the Supreme Court should consider barring [DeLoge] from further litigation relating to this matter.

Holdings: The district court properly dismissed Mr. DeLoge’s Section 1983 complaint for damages as time barred, and the district court’s decision is therefore affirmed, and the Court direct that Mr. DeLoge be prohibited from filing any further litigation relating to the subject matter of this case in any court of the State of Wyoming without first having obtained leave of this Court to do so.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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