Repeated sexual assaults, plaintiff’s mental condition, and fear of reprisal could present extraordinarily severe obstacles that could warrant equitable tolling in an appropriate case, but court did not abuse its discretion in denying tolling here, noting that plaintiff failed to exercise reasonable diligence during the period she sought to toll.
Statute of limitations for civil claim for search, seizure, and arrest claims ran while criminal charges were still pending against defendant; not plain error for court to decline equitable tolling to extend statute until criminal case terminated.
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.
False arrest claim accrued when arrestee was bound over for trial; unlawful seizure claim accrued at time of seizure.
Claim by plaintiff convicted of misdemeanor harassment alleging violation of Sixth Amendment rights to counsel, to confront witnesses, to fair trial, and conspiracy to violate civil rights by pursuing criminal case without probable cause, did not accrue until conviction was vacated upon motion, even though motion was not filed until nine years after conviction; both doctrine of malicious prosecution and Heck rule required termination of criminal case in plaintiff’s favor.
Claim for false arrest accrued when criminal defendant was bound over for trial; claim for unlawful seizure of property accrued at time of seizure.
First Amendment claim for retaliatory prosecution accrued when plaintiff learned that defendants had indicted him on charges that he believed to be retaliatory, thus statute of limitations began to run when plaintiff was indicted, not when he was acquitted.
Federal-holiday rule extends time for filing complaint until the next day, when last day of limitations period falls on a federal holiday.
Cause of action for illegal pretrial detention based on fabricated evidence accrued when plaintiff was released on bond; court characterizes claim as one under Fourth Amendment rather than Fourteenth Amendment and thus distinguishes McDonough v. Smith, 139 S.Ct. 2149 (2019); bond conditions that he appear in court and requirement that he request permission before leaving state did not constitute a seizure under the Fourth Amendment.
Retaliation claims generally accrue when the retaliatory action occurs because damages result at that time;” plaintiff alleged that he was searched and publicly named a person of interest in retaliation for criticizing the police, claim accrued when search and naming occurred.