No. 22-618

MorningStar Fellowship Church v. York County, South Carolina, et al.

Lower Court: Fourth Circuit
Docketed: 2023-01-06
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights continuing-violation-doctrine due-process event-barring federal-cause-of-action federal-causes-of-action statute-of-limitations time-measurement
Latest Conference: 2023-03-17
Question Presented (from Petition)

I. Whether 28 U.S. Code § 1658 (a), which provides a 4-year statute of limitations for federal causes of actions passed into law after 1990, which applies a traditional "measuring-stick" analysis to determine compliance, will now be applied in a manner that does not measure the time between the date of filing, and the date of the event complained of, to determine if the event complained of occurred within four years of the date of filing.

II. Whether the "continuing violation doctrine," recognized by this court in National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002) which, under certain circumstances allows a plaintiff in civil rights cases to go back and include certain events in a current action which might otherwise be barred by the statute of limitations, will now be expanded to reverse traditional statute of limitations analysis, to allow a defendant to go back in time, select an arbitrary beginning point, and bar certain future events occurring more than four years after that beginning point, and even bar future transgressions by a defendant that have not yet occurred.

Question Presented (AI Summary)

Whether 28 U.S. Code § 1658 (a) will be applied to measure the time between filing and the event complained of

Docket Entries

2023-03-20
Petition DENIED.
2023-02-22
DISTRIBUTED for Conference of 3/17/2023.
2023-02-06
Waiver of right of respondent York County, South Carolina, et al. to respond filed.
2022-11-23

Attorneys

MorningStar Fellowship Church
Donald Mitchell Brown Jr.Brown & Associates, PLLC, Petitioner
York County, South Carolina, et al.
Michael K. Kendree Sr. — Respondent