Opinion

Wilson v. Valenza (MAG+)

Court
District Court, M.D. Alabama
Filed
Oct 5, 2022
Cited by
0 cases
Authority
More cited than 31.1%

“[I]f the district court sees that an affirmative defense would defeat the action, a section 1915 dismissal is allowed.”

How later courts described this case

  • “[I]f the district court sees that an affirmative defense would defeat the action, a section 1915 dismissal is allowed.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

TERNECIA D. WILSON, )

)

Plaintiff, )

)

v. ) Case No. 1:22-cv-261-ECM-CWB

)

DONALD VALENZA and )

JEFF CARLISLE, )

)

Defendants. )

REPORT AND RECOMMENDATION

Plaintiff Ternecia D. Wilson, who is proceeding pro se, filed this action on May 3, 2022

against defendants Donald Valenza and Jeff Carlisle. (Doc. 1). Plaintiff simultaneously filed a

motion to proceed in forma pauperis. (Doc. 2). On May 5, 2022, the court granted Plaintiff

in forma pauperis status and ordered that service of process be deferred pending preliminary

review of the Complaint pursuant to 28 U.S.C. § 1915(e). (Doc. 4).1

The Complaint alleges that Plaintiff was “physically and mentally abused by authority,”

subjected to “excessive use of force,” and “racially profiled.” (Doc. 1 at p. 1). Attached as an

exhibit to the Complaint is a handwritten letter further detailing the circumstances giving rise to

Plaintiff’s claims. (Doc. 1-1). Both the body of the Complaint and the attached exhibit specifically

list the date of the alleged misconduct as December 26, 2013. (Doc. 1 at ¶ 4; Doc. 1-1 at p. 1).

The court therefore concludes that Plaintiff’s claims are time-barred.

1 Section 1915(e) provides in pertinent part: “[T]he court shall dismiss the case at any time if the

court determines that . . . the action or appeal– (i) is frivolous or malicious, (ii) fails to state a claim

on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune

from such relief.” 28 U.S.C. § 1915(e)(2)(B).

It is well settled that Plaintff’s claims are subject to a two-year limitations period for being

asserted in this court:

All constitutional claims brought under § 1983 are tort actions, subject to the statute

of limitations governing personal injury actions in the state where the § 1983 action

has been brought. Wilson v. Garcia, 471 U.S. 261, 275–76, 105 S.Ct. 1938, 1946–

47, 85 L.Ed.2d 254 (1985). [The plaintiff's] claim was brought in Alabama where

the governing limitations period is two years. Ala.Code § 6–2–38; Jones v. Preuit

& Mauldin, 876 F.2d 1480, 1483 (11th Cir.1989) (en banc). Therefore, in order to

have his claim heard, [the plaintiff is] required to bring it within two years from the

date the limitations period began to run.

McNair v. Allen, 515 F.3d 1168, 1173 (11th Cir. 2008). From the face of the Complaint, it is clear

that the limitations period began to run on or about December 26, 2013. (Docs. 1 & 1-1). It is

equally clear that this action was not filed until almost eight-and-a-half years later—far beyond

the two-year period for doing so. (Doc. 1).

A statute of limitations argument generally is first pled as an affirmative defense.

When a plaintiff proceeds in forma pauperis, however, the court may sua sponte consider any

such affirmative defense that is apparent from the face of the complaint itself. See, e.g., Clark v.

Georgia Pardons and Parole Board, 915 F. 2d 636, 640 n.2 (11th Cir. 1990) (“[I]f the district

court sees that an affirmative defense would defeat the action, a section 1915 dismissal is

allowed.”); see also Ali v. Higgs, 892 F.2d 438 (5th Cir. 1990). For the reasons set out above,

Plaintiff’s claims are untimely and thus due to be dismissed as frivilous under § 1915(e)(2)(B)(i).

See Clark, 915 F.2d 636 n. 2 (“The expiration of the statute of limitations is an affirmative defense

the existence of which warrants dismissal as frivolous.”); see also Neitzke v. Williams, 490 U.S.

319, 327 (1989).

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this action be

DISMISSED with prejudice prior to service of process.

It is further ORDERED that, by October 19, 2022, the parties may file written objections

to this Recommendation. An objecting party must identify the specific portion of the factual

findings or legal conclusions to which the objection is made and must describe in detail the basis

for the objection. Frivolous, conclusive, or general objections will not be considered.

Failure to file a written objection to this Recommendation shall bar a party from a de novo

determination by the District Court of any factual findings or legal conclusions contained herein

and shall waive the right of the party to challenge on appeal any subsequent order that is based on

factual findings and legal conclusions accepted or adopted by the District Court, except upon

grounds of plain error or manifest injustice. 11th Cir. R. 3-1; see Resolution Trust Co. v. Hallmark

Builders, Inc., 996 F.2d 1144, 1149 (11th Cir. 1993); Henley v. Johnson, 885 F.2d 790, 794

(11th Cir. 1989).

DONE this the 5th day of October 2022.

LA

Lignan

CHAD W. BRYAN

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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