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RICHARD WERSHE, JR.,
Plaintiff-Appellant,
v.
CITY OF DETROIT, MICHIGAN; WILLIAM JASPER; KEVIN
GREENE; HERMAN GROMAN; UNKNOWN FORMER
ASSISTANT UNITED STATES ATTORNEY; CAROL DIXON,
as representative of the estate of James Dixon; EDWARD
JAMES KING; LYNN HELLAND,
Defendants-Appellees.
No. 23-1902
RICHARD WERSHE, JR.,
Plaintiff-Appellant,
v.
UNITED STATES OF AMERICA,
Defendants-Appellees. |
No. 23-1902
No. 23-1903 |
Appeals from the United States District Court for the Eastern District of Michigan at Flint.
Nos. 4:21-cv-11686; 4:22-cv-12596—F. Kay Behm, District Judge.
Argued: July 18, 2024
Decided and Filed: August 8, 2024
Before: CLAY, McKEAGUE, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
CLAY, Circuit Judge. Plaintiff Richard Wershe, Jr., appeals the district court’s dismissal
of his complaints in two lawsuits pursuant to Federal Rule of Civil Procedure 12(b)(6). On July
20, 2021, Wershe sued the City of Detroit and federal and state law enforcement officials for
violations of his constitutional rights under 42 U.S.C. § 1983 and Bivens v. Six Unknown Named
Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Based on the same underlying facts,
on October 28, 2022, Wershe also sued the United States for violations of the Federal Tort
Claims Act, 28 U.S.C. § 2671 et seq. In a consolidated order, the district court dismissed
Wershe’s complaints with prejudice because Wershe’s claims were time-barred. For the reasons
set forth below, we AFFIRM the district court’s order. |
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