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[Download] "Lake V. Arnold" by Third Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free

Lake V. Arnold

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eBook details

  • Title: Lake V. Arnold
  • Author : Third Circuit U.S. Court Of Appeals
  • Release Date : January 07, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Elizabeth Lake is mentally retarded. In 1977, at 16 years of age, she was permanently sterilized. She and her husband, Justin, ask in this appeal whether they can still challenge the sterilization under state and federal law by bringing claims against her father and step-mother who authorized the operation, against the doctors who performed it, and against the hospital where it was performed. Although we agree with the District Court's decision that the Lakes' state claims are time-barred by Pennsylvania's two-year statute of limitations for personal injury suits, we do not agree with its conclusion that the federal civil rights claims are also untimely. Given our earlier decision that the mentally retar ded are a protected class for the purposes of 42 U.S.C. S 1985(3), we must determine whether federal tolling doctrine will permit Elizabeth Lake to escape the bar of the statute of limitations on her federal claims. For the r easons we explain below, we will remand this case to the District Court to make this determination in further pr oceedings consistent with this opinion.


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