Dwight Mitchell v. Wilson Taylor, et al.
ERISA SocialSecurity DueProcess
Was it proper for the lower court to throw out a properly plead 42-U.S.C-1983-cause-of-action,statute-of-limitations,civil-rights,civil-procedure,due-process,standing
Questions Presented 1. Was it proper for the lower court to throw out a properly plead 42 U.S.C. § 1983 cause of action for events in 2013 on a Rule 12 motion to dismiss without looking at the merits when the lower court admitted 2013 was within the statute of limitations? 2. When a plaintiff pleads fraudulent concealment to defend against a Rule 12 motion to dismiss based on statute of limitations, must he do more than plead facts showing due diligence in order to prevail? 3. Did the lower courts’ continuing violation analysis depart so far from Sixth Circuit Court precedent, precedent by the U.S. Supreme and precedent by ‘ the Tennessee Supreme Court as to make it in effect unavailable to future plaintiffs? 4. Did the lower courts violate the will of the U.S. Congress and go against Supreme Court precedent by not applying the four year statute of limitations from 28 § USC 1658 to a claim regarding post-contract formation misconduct? Gi) .