No. 21-130

Jack Darrell Hearn, et al. v. Steven C. McCraw, in His Official Capacity as Director of the Texas Department of Public Safety, et al.

Lower Court: Fifth Circuit
Docketed: 2021-07-30
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 42-usc-1983 civil-rights continuing-violations-doctrine discovery-of-injury-rule governmental-conduct separate-accrual-rule statute-of-limitations
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (AI Summary)

Whether the separate accrual rule or the discovery of injury rule applies to a §1983 claim challenging governmental conduct that occurred within the limitations period, after an alleged prior violation outside the limitations period, pursuant to the same policy

Question Presented (OCR Extract)

QUESTION PRESENTED Under 42 U.S.C. §1983, and the Continuing Violations Doctrine, Does a “Separate Accrual Rule,” or in Contrast a “Discovery of Injury Rule,” Apply to a Claim which Challenges Governmental Conduct that has Occurred Within a Limitations Period, after a Violation has Allegedly Occurred Previously Outside the Limitations Period, Pursuant to the Same Policy?

Docket Entries

2022-01-10
Petition DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-09
Reply of petitioners Jack Darrell Hearn, et al. filed.
2021-12-03
Brief of respondents Steven McCraw, et al. in opposition filed.
2021-10-26
Motion to extend the time to file a response is granted and the time is further extended to and including December 3, 2021.
2021-10-22
Motion to extend the time to file a response from November 3, 2021 to December 3, 2021, submitted to The Clerk.
2021-09-20
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
2021-09-17
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
2021-09-02
Response Requested. (Due October 4, 2021)
2021-08-11
DISTRIBUTED for Conference of 9/27/2021.
2021-08-04
Waiver of right of respondent Steven McCraw, et al. to respond filed.
2021-07-27
Petition for a writ of certiorari filed. (Response due August 30, 2021)

Attorneys

Jack Darrell Hearn, et al.
Wm. T. HabernThe Habern Law Firm, Petitioner
Steven McCraw, et al.
Judd Edward Stone IITexas Attorney General's Office, Respondent