No. 24-16

Anthony Monroe v. Terry Conner, et al.

Lower Court: Fifth Circuit
Docketed: 2024-07-09
Status: Denied
Type: Paid
Amici (3)Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: 42-usc-1983 civil-rights constitutional-claims federal-interests owens-v-okure personal-injury section-1983 state-law-borrowing statute-of-limitations
Key Terms:
SocialSecurity DueProcess Jurisdiction
Latest Conference: 2024-11-01 (distributed 2 times)
Question Presented (AI Summary)

Whether applying a state's one-year statute of limitations to Section 1983 claims is inconsistent with the federal statutory scheme and the interests that it is designed to uphold

Question Presented (OCR Extract)

QUESTION PRESENTED Congress enacted 42 U.S.C. § 1983 as a means to hold state actors accountable for violating federal constitutional and statutory rights. Congress did not, however, specify every rule governing claims filed under Section 1983, instead instructing courts to fill in the gaps by borrowing “suitable” federal law or, where no such federal law exists, pertinent state law that is “not inconsistent with the Constitution and laws of the United States.” 42 U.S.C. § 1988(a). Because Congress did not specify a statute of limitations for Section 1983 claims, the Court has held that courts may borrow state statutes of limitations as long as the borrowed statute does not frustrate the “federal interest[s]” underpinning Section 1983. Burnett v. Grattan, 468 U.S. 42, 47-49 (1984). Applying that standard, this Court has held that courts adjudicating Section 1983 claims should ordinarily borrow the forum state’s statute of limitations governing personal injury actions, see Owens v. Okure, 488 U.S. 235, 249-50 (1989), which in most states is at least two years. The Court expressly left open the question whether applying a state’s one-year limitations period to Section 1983 claims would be “inconsistent with federal interests.” Id. at 251.13. This case presents the question that the Court expressly left unanswered in Owens: Whether applying a state’s one-year statute of limitations to Section 1983 claims is inconsistent with the federal statutory scheme and the interests that it is designed to uphold (and if so, how courts should determine the appropriate limitations period).

Docket Entries

2024-11-04
Petition DENIED.
2024-10-16
2024-10-16
DISTRIBUTED for Conference of 11/1/2024.
2024-09-27
2024-08-19
Motion to extend the time to file a response is granted and the time is extended to and including October 3, 2024.
2024-08-16
Motion to extend the time to file a response from September 12, 2024 to October 3, 2024, submitted to The Clerk.
2024-08-16
Motion of Terry Conner, et al. for an extension of time submitted.
2024-08-13
Response Requested. (Due September 12, 2024)
2024-08-08
2024-08-08
Brief amicus curiae of Law Enforcement Action Partnership filed. (Distributed)
2024-08-08
2024-08-08
Amicus brief of Law Enforcement Action Partnership submitted.
2024-08-08
Amicus brief of Orleans Public Defenders submitted.
2024-08-08
Amicus brief of Institute for Justice submitted.
2024-07-24
DISTRIBUTED for Conference of 9/30/2024.
2024-07-15
Waiver of right of respondent Terry Conner, et al. to respond filed.
2024-07-15
Waiver of Terry Conner, et al. of right to respond submitted.
2024-07-03
Petition for a writ of certiorari filed. (Response due August 8, 2024)
2024-05-31
Application (23A1077) granted by Justice Alito extending the time to file until July 3, 2024.
2024-05-23
Application (23A1077) to extend the time to file a petition for a writ of certiorari from June 3, 2024 to July 3, 2024, submitted to Justice Alito.

Attorneys

Anthony Monroe
Roman Martinez VLatham & Watkins, LLP, Petitioner
Roman Martinez VLatham & Watkins, LLP, Petitioner
Nora Sam AhmedACLU of Louisiana, Petitioner
Nora Sam AhmedACLU of Louisiana, Petitioner
Institute for Justice
Anna Aleksandrovna BidwellInstitute for Justice, Amicus
Anna Aleksandrovna BidwellInstitute for Justice, Amicus
Patrick Michael JaicomoInstitute for Justice, Amicus
Patrick Michael JaicomoInstitute for Justice, Amicus
Law Enforcement Action Partnership
Boris BershteynSkadden, Arps, Slate, Meagher & Flom LLP, Amicus
Boris BershteynSkadden, Arps, Slate, Meagher & Flom LLP, Amicus
Orleans Public Defenders
Cynthia Morgan OhlenforstK&L Gates, Amicus
Cynthia Morgan OhlenforstK&L Gates, Amicus
Terry Conner, et al.
Jorge Benjamin AguinagaLouisiana Department of Justice, Respondent
Jorge Benjamin AguinagaLouisiana Department of Justice, Respondent