DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
093692P.pdf 04/11/2011 John Montin v. Bill Gibson
U.S. Court of Appeals Case No: 09-3692
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED][Melloy, Author, with Riley, Chief Judge, and Gruender,
Circuit Judge]
Prisoner case - Prisoner civil rights. Matter remanded for further
proceedings on the question of whether prisoner's mental disorder
equitably tolled his cause of action under Nebraska Revised Statute Sec.
25-213; the court, rather than a jury, is to resolve factual questions
surrounding a plaintiff's mental state as relevant to the equitable tolling
of a statute of limitations; district court should also consider, as a matter
of first instance, plaintiff's claim of a continuing violation with respect
to his request for injunctive relief.