Brown v. Pouncy et. al.

Current Revsion Submitted: Fri, 02/03/2023 - 14:19
Submitted by Jane Clayton on Fri, 02/03/2023 - 11:43

This brief argues that the one-year statute of limitations Louisiana applies to 42 U.S.C. § 1983 ("§ 1983") claims against law enforcement officers is inconsistent with the federal policy underlying §1983 claims. The time-consuming practical and trauma-related challenges individuals experience when attempting to bring a § 1983 action in federal courts in Louisiana is antithetical to the federal policy underlying that statute. The short statute of limitations period creates major barriers for plaintiffs, undermines the vindication of rights that § 1983 was specifically designed to secure, and further impedes police accountability. Although the Fifth Circuit has implicitly advised that plaintiffs should perfect and file a § 1983 complaint well in advance of the one-year limitations period, doing so may not be possible due to various measurable, practical challenges.

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