This brief argues that application of Louisiana's one-year statute of limitations for § 1983 actions presents significant challenges that are specific to victims of police violence, resulting in an inability to obtain redress for civil rights violations and a perpetuation of police misconduct. Such application is inconsistent with the federal policy underlying § 1983 claims, which is to provide a federal remedy in federal court for violations of an individual's civil rights.
Although under 42 U.S.C. § 1988, courts are instructed to borrow and apply state statutes of limitations to § 1983 claims, courts may do so only if that application is not inconsistent with federal policy underlying those claims. As argued in this brief, applying Louisiana's limited one-year statute of limitations to § 1983 claims such as those brought by Mr. Monroe is inconsistent with the federal policy underlying those claims. Therefore, Louisiana's limited one-year statute of limitations should not bar Mr. Monroe's § 1983 claim.
A huge thank you to Akerman LLP for their work on this brief and Law Firm Anti-Racism Alliance.