Petition for Writ of Certiorari — Jarius Brown, Petitioner v. Javarrea Pouncy, et al.

Supreme Court briefJun 18, 2024

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No. _______

IN THE

Supreme Court of the United States

––––––––––––––––

JARIUS BROWN,

v.

Petitioner,

JAVARREA POUNCY, ET AL.,

Respondents.

––––––––––––––––

On Petition for a Writ of Certiorari to the United

States Court of Appeals for the Fifth Circuit

––––––––––––––––

PETITION FOR A WRIT OF CERTIORARI

––––––––––––––––

David D. Cole

AMERICAN CIVIL LIBERTIES

UNION FOUNDATION

915 15th Street, NW

Washington, DC 20005

Nora Ahmed

ACLU FOUNDATION OF

LOUISIANA

1340 Poydras Street

Suite 2160

New Orleans, LA 70112

Lauren Willard Zehmer

Counsel of Record

Michael X. Imbroscio

Sameer Aggarwal

COVINGTON & BURLING LLP

850 Tenth Street, NW

Washington, DC 20001

(202) 662-6000

lzehmer@cov.com

Caleb M. W. Ellis

COVINGTON & BURLING LLP

620 Eighth Avenue

New York, NY 10018

Counsel for Petitioner

i

QUESTIONS PRESENTED

Because 42 U.S.C. § 1983 does not itself provide a

statute of limitations, federal courts have borrowed

from state law to determine the timeliness of Section

1983 claims, so long as those state limitations periods

are consistent with federal law and policy. In Owens

v. Okure, 488 U.S. 235 (1989), this Court expressly reserved the question of whether a one-year state

limitations period would be inconsistent with the federal interests underlying Section 1983. This petition

squarely presents that question. It also provides this

Court the chance to revisit the fifty-state borrowing

framework that allows states to frustrate plaintiffs’

access to federal courts to litigate their federal civil

rights claims.

Petitioner Jarius Brown was attacked by DeSoto

Parish Sheriff’s officers—suffering such severe injuries that he was hospitalized—and the two officers

responsible have since pleaded guilty to federal criminal charges. The courts below, however, held his

federal civil rights claim was time barred under Louisiana’s one-year residual limitations period.

The questions presented are:

1. Is the application of a one-year residual personal

injury statute of limitations to Section 1983 claims too

short to be consistent with the federal interests underpinning the statute?

2. In looking for a “suitable” statute of limitations

analogy for Section 1983 claims, does 28 U.S.C.

§ 1658’s uniform federal limitations period more faithfully serve the federal interests underpinning Section

1983 than the current patchwork of fifty state laws?

ii

PARTIES TO THE PROCEEDINGS

Petitioner (plaintiff-appellant below) is Jarius

Brown.

Respondents (defendants-appellees below) are

Javarrea Pouncy, and John Does #1 and #2.

iii

STATEMENT OF RELATED PROCEEDINGS

This case arises from the following proceedings:

Brown v. Pouncy, et al., No. 22-30691 (5th

Cir. Feb. 19, 2024) (affirming grant of motion to dismiss)

Brown v. Pouncy, et al., No. 21-cv-3415

(W.D. La. Sept. 29, 2022) (granting motion

to dismiss)

There are no other proceedings in state or federal

trial or appellate courts, or in this Court, directly related to this case within the meaning of this Court’s

Rule 14.1(b)(iii).

iv

TABLE OF CONTENTS

Page

QUESTIONS PRESENTED ........................................i

PARTIES TO THE PROCEEDINGS ......................... ii

STATEMENT OF RELATED PROCEEDINGS....... iii

TABLE OF AUTHORITIES ....................................... vi

PETITION FOR A WRIT OF CERTIORARI ............. 1

OPINION BELOW ...................................................... 4

JURISDICTION .......................................................... 5

RELEVANT PROVISIONS......................................... 5

STATEMENT .............................................................. 5

A.

Statutory Background ........................... 5

B.

Factual Background............................... 8

C.

Procedural Background ....................... 10

REASONS FOR GRANTING THE PETITION ....... 13

I.

This Court Should Grant Certiorari

to Decide Whether a One-Year State

Limitations Period Is Inconsistent

with the Federal Interests of Section

1983............................................................ 13

II.

The Four-Year Catchall Statute of

Limitations Provided Under Section

1658 Gives This Court the Federal

Solution It Lacked When Owens Was

Decided. ..................................................... 21

v

III.

The Application of Fifty Different

State Statutes of Limitations Creates

a Lack of Uniformity and Inequal

Access to Federal Civil Rights Claims. .... 28

IV.

This Case Provides an Excellent Vehicle

to Resolve Important Questions That

This Court Will Have Limited

Opportunities to Hear. .............................. 30

CONCLUSION .......................................................... 32

vi

TABLE OF AUTHORITIES

Page(s)

Cases

Alamo-Hornedo v. Puig,

745 F.3d 578 (1st Cir. 2014) ................................ 20

Arnold v. Duchesne Cnty.,

26 F.3d 982 (10th Cir. 1994) ................................ 19

Bannister v. Knox Cnty. Bd. of Educ.,

49 F.4th 1000 (6th Cir. 2022) .............................. 20

Burnett v. Grattan,

468 U.S. 42 (1984) ........ 2–3, 6, 8, 15–17, 21–22, 27

Davies Warehouse Co. v. Bowles,

321 U.S. 144 (1944) .............................................. 26

DelCostello v. Int’l Bhd. of Teamsters,

462 U.S. 151 (1983) .............................................. 23

Dibrell v. City of Knoxville,

984 F.3d 1156 (6th Cir. 2021) .............................. 19

Hardin v. Straub,

490 U.S. 536 (1998) ........................................ 14–15

Johnson v. Garrison,

805 F. App'x 589 (10th Cir. 2020) ....................... 15

Johnson v. Railway Express Agency,

421 U.S. 454 (1975) .............................................. 22

vii

Jones v. Alfred H. Mayer Co.,

392 U.S. 409 (1968) .............................................. 22

McDonald v. Salazar,

831 F. Supp. 2d 313 (D.D.C. 2011) ...................... 16

Mitchum v. Foster,

407 U.S. 225 (1972) ................................................ 1

O’Sullivan v. Felix,

233 U.S. 318 (1914) .............................................. 22

Occidental Life Ins. Co. v. EEOC,

432 U.S. 355 (1977) ........................................ 23, 29

Okure v. Owens,

816 F.2d 45 (2d Cir. 1987) ............................... 7, 17

Owens v. Okure,

488 U.S. 235 (1989) ................... 1–3, 5, 7–8, 14–17,

............................................................ 20, 25–26, 31

Stucker v. Louisville Metro Gov't,

No. 23-5214, 2024 WL 2135407

(6th Cir. May 13, 2024) ........................................ 20

United States v. Price,

383 U.S. 787 (1966) .............................................. 29

Wilson v. Garcia,

471 U.S. 261 (1985) ....................... 1, 3, 5–6, 20, 22,

.................................................................. 24–26, 29

Statutes

18 U.S.C. § 242 .......................................................... 10

viii

28 U.S.C. § 1254(1) ...................................................... 5

28 U.S.C. § 1658 ............................................ 3, 5, 8, 21

42 U.S.C. § 1983 ...................................................... 1, 5

42 U.S.C. § 1988 .................................... 3, 5, 21–22, 27

Ky. Rev. Stat. Ann. § 413.140 ............................. 19, 28

La. Civ. Code Ann. art. 3492................................. 5, 10

2024 La. Sess. Law Serv. Act 423 ....................... 13, 18

P.R. Laws Ann. tit. 31, § 5298(2) ........................ 19, 28

Tenn. Code. Ann. § 28-3-104 ............................... 19, 28

Other Authorities

Martin S. Greenberg & R. Barry

Ruback, After the Crime: Victim

Decision Making, 9 Perspectives in

Law & Psychology (1992) ..................................... 18

Dani Kritter, The Overlooked Barrier to

Section 1983 Claims: State Catch-All

Statutes of Limitations, Cal. L. Rev.

Online (Mar. 2021) ............................................... 18

Kimberly Norwood, 28 U.S.C. § 1658: A

Limitation Period with Real

Limitations, 69 Ind. L.J. 477 (1994) .................... 25

Joseph E. Worcester, A Dictionary of the

English Language (1860) ..................................... 23

1

PETITION FOR A WRIT OF CERTIORARI

Section 1983 “provides ‘a uniquely federal remedy

against incursions under the claimed authority of

state law upon rights secured by the Constitution and

laws of the Nation.’” Wilson v. Garcia, 471 U.S. 261,

271–72 (1985) (quoting Mitchum v. Foster, 407 U.S.

225 (1972)). Because Section 1983 does not itself include an express statute of limitations, this Court has

directed courts to borrow from state law “so long as

the chosen limitations period was consistent with federal law and policy.” Owens v. Okure, 488 U.S. 235,

239 (1989).

This case presents the question this Court explicitly left open in Owens: whether a state’s one-year

statute of limitations is too short to be consistent with

the federal law and policy animating Section 1983.

This case also provides the Court with an opportunity

to revisit the wisdom of the current disparate fiftystate borrowing framework now that Congress’ enactment of Section 1658 provides a more predictable and

uniform alternative for setting the limitations period

for the Nation’s central federal civil rights statute.

In September 2019, Jarius Brown was severely

beaten by DeSoto Parish Sheriff’s deputies after being

taken into custody for nonviolent traffic offenses. The

attack necessitated Mr. Brown’s hospitalization and

resulted in significant physical and mental trauma.

Within two years of the attack, Mr. Brown sought redress under 42 U.S.C. § 1983—the principal federal

remedy for holding state actors to account for the violation of his civil rights. Had Mr. Brown brought this

action in almost any state other than Louisiana, his

federal civil rights claims would have been timely. But

2

because Mr. Brown was attacked in Louisiana, he had

only a single year to bring suit. Only two other states

impose such a short statute of limitations.

Under this Court’s decision in Wilson, because Section 1983 does not include its own statute of

limitations, courts have been directed to borrow the

state statute of limitations for personal injury actions.

In Owens, the Court further clarified that, where a

state has more than one potentially applicable statute

of limitations for personal injury actions, the court

should borrow the state’s general, or “residual,” personal injury statute of limitations. Louisiana is

currently joined by only Kentucky, Tennessee, and

Puerto Rico in limiting federal civil rights plaintiffs to

a single year to bring claims under their personal injury or residual limitations period—the shortest such

period in the Nation. For this reason, based solely on

the fact that Mr. Brown was attacked in Louisiana,

the Fifth Circuit affirmed the dismissal of his claim as

time barred.

This Court has recognized, however, that there

must be some limits on states’ authority to constrain

Section 1983 claims. Indeed, in Owens, the Court reserved the precise question this petition now presents:

whether a one-year statute of limitations is too short

to vindicate Section 1983’s federal interests. Owens,

488 U.S. at 251 n.13.

Owens recognized there is some minimum amount

of time that states must provide for victims of civil

rights offenses to bring Section 1983 claims. As the

Court has explained, Section 1983 actions, as a matter

of course, require plaintiffs to marshal the resources

necessary to prepare what are often complex federal

3

civil rights claims. Burnett v. Grattan, 468 U.S. 42,

50–51 (1984). In addition, plaintiffs who have been

victimized by law enforcement—as is the case in many

Section 1983 actions—face additional hurdles, including the need to process physical and mental trauma,

navigate parallel criminal proceedings and incarceration, and overcome the fear of retaliation from the

officers that abused them.

Because of these barriers, Louisiana’s one-year residual personal injury statute of limitations has the

practical effect of obstructing plaintiffs’ ability to

bring otherwise meritorious federal civil rights claims

in a manner that Congress never countenanced. As a

result, the one-year residual statute of limitations applied to Mr. Brown’s civil rights claim is inconsistent

with the federal interests underpinning Section 1983.

While the courts below were “sympathetic to the

dilemma [Mr. Brown] and similarly situated plaintiffs

face in Louisiana,” App 24a, they determined that

they were bound by Owens’ general framework, concluding that “[o]nly the Supreme Court . . . can clarify

how lower courts should evaluate practical frustration

without undermining [Owens’] solution.” App. 15a.

But that conclusion does not account for a significant change in federal law that bears on the

appropriate statute of limitations for Section 1983

claims. Two years after Owens was decided, Congress

passed 28 U.S.C. § 1658, which provides a prospective

four-year catchall limitations period for federal civil

actions that lack their own express statute of limitations. Before Section 1658, the three-part test outlined

in 42 U.S.C. § 1988 forced the Court to adopt the statelaw borrowing scheme that exists today. See Burnett,

4

468 U.S. 42; Wilson, 471 U.S. at 267–68; Owens, 488

U. S. at 239. Lacking an alternative federal standard

at the time, the Court directed courts to borrow from

state law despite the many apparent flaws with this

system, including that it permits states to restrict federal remedies under a statute designed to shield

citizens from state officers’ misconduct. But because

Congress has now enacted a general catchall statute

of limitations in Section 1658, this Court can eliminate the fifty-state patchwork approach and replace it

with a suitable federal solution that is uniform across

the country and faithful to the federal interests underpinning Section 1983.

Because the application of Louisiana’s one-year residual personal injury statute of limitations

impermissibly curtailed Mr. Brown’s civil rights, this

Court should take this opportunity to answer the

question left open in Owens—and to avail itself of the

federal solution now available through Section 1658.

In doing so, this Court can ensure that victims across

all states have a fair opportunity to vindicate their

federal civil rights.

OPINION BELOW

The February 19, 2024, decision of the United

States Court of Appeals for the Fifth Circuit (App. 1a–

15a) is reported at 93 F.4th 331. The district court’s

September 29, 2022, memorandum ruling granting

defendant’s motion to dismiss (App. 16a–28a) is reported at 631 F. Supp. 3d 397.

5

JURISDICTION

The Fifth Circuit entered judgment on February

19, 2024. App. 1a. This Court’s jurisdiction is invoked

under 28 U.S.C. § 1254(1).

RELEVANT PROVISIONS

The relevant U.S. statutory provisions, 28 U.S.C.

§ 1658, 42 U.S.C. § 1983, and 42 U.S.C. § 1988, are reproduced at App. 29a–32a. Louisiana’s residual

personal injury prescriptive statute that was applied

to Mr. Brown’s claim, La. Civ. Code Ann. art. 3492, is

reproduced at App. 33a.

STATEMENT

A. Statutory Background

The provision now codified as Section 1983 was

adopted as the central enforcement mechanism of the

Ku Klux Klan Act in the wake of the Civil War. See

Owens, 488 U.S. at 249 n.11. Section 1983 provides a

cause of action for “the deprivation of any rights, privileges, or immunities secured by the Constitution and

laws” by any person acting “under color of any statute,

ordinance, regulation, custom, or usage, of any State

or Territory.” 42 U.S.C. § 1983. Indeed, Section 1983

“provides ‘a uniquely federal remedy against incursions under the claimed authority of state law upon

rights secured by the Constitution and laws of the Nation.’” Wilson, 471 U.S. at 261 (citation omitted).

Since its enactment, Section 1983 has been the primary vehicle through which individuals hold state

actors who have violated their civil rights accountable. But federal courts have often struggled with

6

Section 1983’s lack of an express limitations period.

This Court provided guidance on this issue in a trilogy

of cases decided in the 1980s.

The first case was Burnett v. Grattan, 468 U.S. 42

(1984), where the Court underscored that the “central

objective of § 1983” is “ensur[ing] that individuals

whose federal constitutional or statutory rights are

abridged may recover damages or secure injunctive

relief.” Id. at 55. While the Court did not supply a concrete rule addressing Section 1983’s limitations period

in all circumstances, it interpreted Section 1988 to

prescribe a “three-step process.” Id. at 47. Under that

approach, federal courts first “look to the laws of the

United States ‘so far as such laws are suitable to carry

[the civil and criminal civil rights statutes] into effect.’” Id. at 48. Second, “[i]f no suitable federal rule

exists,” courts consider “application of state ‘common

law, as modified and changed by the constitution and

statutes’ of the forum State.” Id. Third, to ensure “the

predominance of the federal interest: courts are to apply state law only if it is not ‘inconsistent with the

Constitution and laws of the United States.’” Id.

But Burnett did not resolve the lower courts’ confusion, prompting this Court to return to the issue in

Wilson v. Garcia, 471 U.S. 261 (1985). There, the

Court held that Section 1983’s statute of limitations

was a federal question, and that all Section 1983 actions should be categorized as personal injury actions

for the purpose of determining the appropriate limitations period. See id. at 268–69, 276. In doing so,

Wilson sought to “minimize[] the risk that the choice

of a state statute of limitations would not fairly serve

the federal interests vindicated by § 1983.” Id. at 279.

7

Nonetheless, lower courts continued to struggle

with the fact that many states had multiple statutes

of limitations for personal injury actions, any number

of which could apply depending upon the nature of the

federal claim. Confusion about which statute of limitations should govern Section 1983 claims persisted.

The Court therefore returned to this question in

Owens v. Okure, 488 U.S. 235 (1989). There, the Court

considered whether a Section 1983 claim brought in

New York and arguably subject to a one-year statute

of limitations for assault should instead be measured

against New York’s residual catchall personal injury

statute of limitations of three years. The Second Circuit applied the residual limitations period,

recognizing that a three-year limitations period “more

faithfully represents the federal interest in providing

an effective remedy for violations of civil rights than

does the restrictive one year limit.” Okure v. Owens,

816 F.2d 45, 49 (2d Cir. 1987). The court observed that

“[i]njuries to personal rights” are not “necessarily apparent to the victim at the time they are inflicted”

because “[e]ven where the injury itself is obvious, the

constitutional dimensions of the tort may not be.” Id.

at 48.

This Court unanimously affirmed that decision

and explained that, where a state law provides multiple statutes of limitation for personal injury actions,

courts generally should borrow the general or residual

personal injury statute of limitations. Id. at 250.

While the Court endorsed the Second Circuit’s decision to use the three-year residual limitations

period, it expressly noted that it “need not address [respondent’s] argument that applying a 1-year

8

limitations period to § 1983 actions would be inconsistent with federal interests.” Id. at 251 n.13. The

Court thus signaled that there could be circumstances

in which a state’s statute of limitations is too short to

be consistent with the federal interests underlying

Section 1983, and it explicitly reserved the question of

whether a one-year limitations period is too short.

In 1990, after Owens was decided, Congress enacted 28 U.S.C. § 1658, which adopted for the first

time a federal catchall statute of limitations. Although

Section 1658’s four-year statute of limitations applies

prospectively by its own force, nothing in the statute

prevents courts from looking to Section 1658 as a

“suitable” federal analogue under the three-step test

in Section 1988 and Burnett. See Burnett, 468 U.S. at

47–48.

B. Factual Background

On September 27, 2019, Mr. Brown was arrested

by Louisiana State Police for nonviolent traffic offenses, after which he was transported to the DeSoto

Parish Sheriff’s office for booking. App. 39a. As a part

of that process, Officers Javarrea Pouncy and DeMarkes Grant—one of the John Does in this case—

(together, the “Officers”) ordered Mr. Brown to disrobe

and squat for a strip search. App. 40a. After complying with this order and undressing, Mr. Brown was

violently attacked by the Officers, who, using excessive force, repeatedly punched Mr. Brown in the head,

face, and stomach. App. 40a. Mr. Brown did not provoke the attack, nor did he pose a threat to the

Officers. App. 41a.

Mr. Brown suffered severe injuries from the attack, including an orbital fracture on the left side of

9

his face, a fracture to his nose, and abrasions on his

left eyelid. App. 42a. In the immediate aftermath, the

Officers left Mr. Brown unattended in an unoccupied

cell for several minutes. App. 40a–41a. Thereafter,

Mr. Brown was transported to Ochsner LSU Health

Shreveport-LA to receive medical care. App. 42a. The

Officers remained present with Mr. Brown throughout his hospitalization. App. 42a. As a result of this

attack, Mr. Brown suffered both physical and emotional trauma, and he has struggled to readjust to

society ever since. App. 35a.

Subsequently, the Civil Rights Department of the

U.S. Department of Justice investigated the attack

against Mr. Brown. Following its investigation, the

Government brought federal criminal charges against

both Mr. Pouncy and Mr. Grant. Indictment, United

States v. Pouncy, No. 5:23-cr-00210-SMH-MLH (W.D.

La. Sept. 6, 2023), ECF 1; Bill of Information, United

States v. Grant, No. 5:23-cr-00207-SMH-MLH (W.D.

La. Aug. 28, 2023), ECF 1.

While Mr. Brown’s appeal was pending, Mr. Grant

pleaded guilty to one count of obstruction of justice in

connection with the attack. Plea Agreement at 1–2,

United States v. Grant, No. 5:23-cr-00207-SMH-MLH

(W.D. La. Sept. 5, 2023), ECF 9. As a part of his plea

agreement, Mr. Grant corroborated the factual account in Mr. Brown’s complaint—acknowledging that

the Officers repeatedly punched Mr. Brown using “lethal” force. Factual Basis for Plea at 3, United States

v. Grant, No. 5:23-cr-00207-SMH-MLH (W.D. La.

Sept. 5, 2023), ECF 9-2.

10

Most recently, on April 10, 2024, Mr. Pouncy also

pleaded guilty to one count of deprivation of rights under color of law, in violation of 18 U.S.C. § 242. Plea

Agreement at 1–2, United States v. Pouncy, No. 5:23cr-00210-SMH-MLH (W.D. La. Apr. 10, 2024), ECF

27. In the accompanying factual basis for his plea—

which also corroborated the facts alleged by Mr.

Brown—Mr. Pouncy confirmed that the Officers used

“lethal” force during the attack, and that this use of

force was “unjustified.” Factual Basis for Plea at 2–3,

United States v. Pouncy, No. 5:23-cr-00210-SMHMLH (W.D. La. April 10, 2024), ECF 27-2.

C. Procedural Background

On September 24, 2021, less than two years after

the attack, Mr. Brown brought a civil suit against the

Officers in the U.S. District Court for the Western District of Louisiana under Section 1983 and La. Rev.

Stat. 14:35. App. 18a.

On January 31, 2022, Mr. Pouncy moved to dismiss Mr. Brown’s Section 1983 claim as time barred

under Louisiana’s one-year residual personal injury

statute of limitations period for personal injury actions. App. 18a. See La. Civ. Code Ann. art. 3492.

Invoking Owens, Mr. Pouncy asserted that Mr.

Brown’s Section 1983 claim should be governed by

Louisiana’s one-year statute of limitations, which had

already run. App. 19a. In response, Mr. Brown noted

that Owens expressly declined to determine whether

a state’s one-year residual statute of limitations is so

short that it contravenes the federal interest underlying Section 1983. App. 23a. Additionally, Mr. Brown

asserted that, under the three-part framework provided by Section 1988 and Burnett, Section 1658’s

11

four-year catchall statute of limitations serves as a

“suitable” rule for Section 1983 claims and should

therefore provide the controlling limitations period.

App. 23a–24a.

On September 29, 2022, the district court granted

Mr. Pouncy’s motion to dismiss, largely because it believed it was bound by Owens. App. 25a–26a. Even

though Owens ostensibly controlled, the court explained that Louisiana’s one-year prescriptive period

is “a relative outlier” and that it was “sympathetic to

the dilemma Brown and similarly situated plaintiffs

face in Louisiana.” App. 24a. Under this system, the

victim of a state-defined “crime of violence” has two

years to bring a state claim, but only one year to bring

a federal claim for the same conduct, even though both

claims rely on Louisiana’s statutes of limitations. App.

21a–22a.

Mr. Brown timely appealed to the Fifth Circuit,

raising the question left open in Owens: whether Louisiana’s one-year residual personal injury statute of

limitations impermissibly contravened federal interests. Brief for Plaintiff-Appellant at 23–31, Brown v.

Pouncy, No. 22-30691 (5th Cir. Jan. 27, 2023), ECF

24-1. Mr. Brown maintained that Louisiana’s oneyear residual statute of limitations is inconsistent

with the federal interests underpinning Section 1983

because it does not properly account for the practicalities of bringing a federal civil rights claim, especially

police misconduct claims, which are at the heart of

what Section 1983 was enacted to address. Id.

Mr. Brown also argued that Section 1988 and this

Court’s decision in Burnett instruct federal courts to

first look to federal analogues or when state law does

12

not supply an adequate rule of decision. Id. at 31–35.

Accordingly, Section 1658’s four-year federal residual

limitations period—which had not yet been enacted

when Owens was decided—would properly accommodate Mr. Brown’s and other Louisianans’ civil rights

claims, promoting the uniformity and predictability

interests the Supreme Court has long prioritized. Id.

At oral argument before the Fifth Circuit, Judge

Ho asked whether employing Section 1658’s four-year

catchall statute of limitations to Section 1983 claims

would constitute a “more textual” approach. Specifically, he noted that “replacing the state by state

strangeness with a uniform four year [limitations period]” would “seem[] to be more textual” than the

patchwork approach supplied by Owens. Oral Argument at 15:30–16:58, Brown v. Pouncy, No. 22-30691

(5th Cir. Oct. 4, 2023).1 He acknowledged that this

case is a vehicle for “the Supreme Court to get back to

the text” of Sections 1988 and 1658. Id. at 12:56–

13:00.

On February 19, 2024, in a published opinion, the

Fifth Circuit held that “precedent requires [it] to affirm” the district court’s decision. App. 2a. While the

court “read Supreme Court precedent, and our cases

applying that precedent, to foreclose Brown’s position,” it acknowledged that, “[o]nly the Supreme

Court, having already solved the problem of uncertainty in the absence of a federal limitations period for

Section 1983 claims, can clarify how lower courts

should evaluate practical frustration without undermining that solution.” App. 15a (emphases added).

1 https://www.ca5.uscourts.gov/OralArgRecordings/22/22-30691_

10-4-2023.mp3.

13

Consistent with the Fifth Circuit’s opinion, Mr.

Brown’s petition seeks the clarity that “[o]nly the Supreme Court” can supply.

On June 3, 2024, Louisiana enacted Act No. 423

(“Act 423”), which will replace the state’s one-year residual statute of limitations with a two-year period.

See 2024 La. Sess. Law Serv. Act 423 (H.B. 315)

(West). Importantly though, Act 423 will only apply

prospectively to injuries suffered after its effective

date of July 1, 2024. That means that the Section 1983

claims brought by Mr. Brown—and those brought by

similarly-situated civil rights plaintiffs in Louisiana

as well as plaintiffs in Kentucky, Tennessee, and

Puerto Rico—are still subject to a one-year limitations

period. Louisiana’s belated legislative amendment

also does not address the fundamental problem that

plaintiffs across the country remain beholden to state

legislatures to determine their ability to bring federal

civil rights claims.

REASONS FOR GRANTING THE PETITION

I.

This Court Should Grant Certiorari to

Decide

Whether

a

One-Year

State

Limitations Period Is Inconsistent with the

Federal Interests of Section 1983.

In the trio of cases ending with Owens, this Court

addressed the issues raised by Section 1983’s lack of

an express limitations period by borrowing from state

law. But the Court cautioned that a state limitations

period could be so short as to be “inconsistent with

[the] federal interests” that underpin Section 1983,

and it noted that it was reserving the question of

14

whether a one-year period fit within that category.

Owens, 488 U.S. at 251 n.13.

Louisiana’s one-year period that applied to Mr.

Brown’s Section 1983 claim is indeed an outlier. Presently, only Louisiana, Kentucky, Tennessee, and

Puerto Rico require Section 1983 plaintiffs to file their

claims within a single year. By granting review here,

this Court can address a substantial and important

question of federal law: whether a one-year state statute of limitations impermissibly undermines Section

1983 by practically frustrating federal civil rights

claims. Absent resolution, plaintiffs will remain subject to differential and disadvantaged access to the

country’s core federal civil rights remedy. Not to mention those who remain at the whim of state

legislatures that have the ability to substantively affect federal constitutional rights if they decide to

shorten the residual personal injury statute of limitations.

1. Mr. Brown’s case gives this Court an opportunity to resolve the question it expressly reserved in

Owens: whether a one-year limitations period is inconsistent with federal interests, as it does not properly

account for the practicalities of preparing and filing a

federal civil rights claim—a reality illustrated by Mr.

Brown’s own experience.

Section 1983 “provides a uniquely federal remedy

against incursions upon rights secured by the Constitution and laws of the Nation, and is to be accorded a

sweep as broad as its language.” Hardin v. Straub,

490 U.S. 536, 539 n.5 (1998) (cleaned up). In Owens

itself, the Court explained that the statute “was the

product of congressional concern about the Ku Klux

15

Klan-sponsored campaign of violence and deception in

the South . . . . [and, even more so,] the state officials

who tolerated and condoned them.” Owens, 488 U.S.

at 249 n.11.

This Court has made clear that state procedural

rules—such as statutes of limitations—cannot operate in a way that contravenes Section 1983’s primary

legislative purpose. See id.; Burnett, 468 U.S. at 53

(“To the extent that particular state concerns are inconsistent with, or of marginal relevance to, the

policies informing the Civil Rights Act, the resulting

state statute of limitations may be inappropriate for

civil rights claims.”). While certain state statutes of

limitations may adequately safeguard the federal interests at stake, courts will not apply a state’s

limitations period if doing so “defeat[s] either § 1983’s

chief goals of compensation and deterrence or its subsidiary goals of uniformity and federalism.” Hardin,

490 U.S. at 539; see also Johnson v. Garrison, 805 F.

App’x 589, 593 (10th Cir. 2020) (holding that Oklahoma’s lack of a tolling provision for Section 1983

cases was contrary to Section 1983’s goals and the

practicalities involved in litigating federal civil rights

claims).

Against this backdrop, the Supreme Court decided

Owens and determined that the operative limitations

period for Section 1983 claims is the forum state’s residual personal injury statute of limitations. While

the Court stressed that the patchwork solution it fashioned would “promote predictability in all 50 states,”

it did so only in the absence of a viable federal solution. Owens, 488 U.S. at 243. To ensure that states

could not use this borrowing scheme to undercut federal interests, the Court reserved its ability to assess

16

whether a state limitations period might be too short

to accommodate federal interests. Id. at 251 n.13.

In reserving this question, the Court recognized

that, so long as Section 1983 depends upon state procedural rules, federal courts—and, in particular, this

Court—must act as a check on impermissible state legal regimes. Otherwise, states would be free to

undermine the scope and efficacy of Section 1983, limiting federal civil rights plaintiffs’ ability to seek

redress from the very state actors that statute is designed to hold accountable. Owens, 488 U.S. at 249

n.11. Put differently, the “predictability” promoted by

Owens was never meant to vitiate the requirement

that a state statute of limitations “afford a reasonable

time to the federal claimant.” Id. at 251 n.13 (quoting

Burnett, 468 U.S. at 61).

The one-year limitations period applied to Mr.

Brown presents these exact concerns. In Burnett, this

Court explained that “[a] state law is not ‘appropriate’

if it fails to take into account practicalities that are

involved in litigating federal civil rights claims and

policies that are analogous to the goals of the Civil

Rights Acts.” 468 U.S. at 50; see also McDonald v. Salazar, 831 F. Supp. 2d 313, 319 (D.D.C. 2011) (“A

proper limitations provision must account for the

characteristics of litigation under the analogous federal statute, including the policies underlying and the

practicalities involved in litigating the federal cause

of action.”). Under that standard, a one-year residual

personal injury statute of limitations, like the one Mr.

Brown faces, simply does not provide claimants

enough time to marshal the resources necessary to

prepare a federal civil rights suit. Indeed, when the

17

Second Circuit decided between a three-year limitations period and a one-year period, it held that the

three-year timeframe “more faithfully represents the

federal interest in providing an effective remedy for

violations of civil rights than does the restrictive one

year limit.” Okure, 816 F.2d at 49.

Federal civil rights plaintiffs face myriad practical

hurdles to bringing a Section 1983 action. As this

Court has recognized, “[l]itigating a civil rights claim

requires considerable preparation.” Burnett, 468 U.S.

at 50. At the outset, a plaintiff must “recognize the

constitutional dimensions of his injury,” “obtain counsel, or prepare to proceed pro se,” “conduct enough

investigation to draft pleadings that meet the requirements of federal rules,” “establish the amount of his

damages, prepare legal documents, pay a substantial

filing fee or prepare additional papers to support a request to proceed in forma pauperis, and file and serve

his complaint.” Id. at 50–51. And these steps all take

time because injuries to civil rights are not “necessarily apparent to the victim at the time they are

inflicted,” and “even where the injury itself is obvious,

the constitutional dimensions of the tort may not be.”

Okure, 816 F.2d at 48.

As further evidenced here, many Section 1983

plaintiffs, including those in police misconduct cases,

face additional hurdles—such as recovering from

physical and mental trauma, navigating parallel

criminal proceedings while incarcerated, and fear of

18

retaliation from their abusers.2 Where a state law limitations period is too short for police misconduct

claims brought under Section 1983—perhaps the paradigmatic such claim—it can hardly be seen as

sufficient for Section 1983 claims more generally.

2. The application of Louisiana law to Mr. Brown’s

federal action also underscores the challenges associated with allowing myriad, ever-changing state

statutes of limitations to govern Section 1983 claims.

Because state legislatures can change their personal

injury limitations period at any time, civil rights

plaintiffs are subject to the whims of their state legislatures’ views of the proper sweep of their federal civil

rights. Absent meaningful guidance from this Court,

states are free to choose whichever limitations period

they see fit without any limiting principles on their

discretion.

Recent changes in Louisiana law highlight the

shortcomings of the current system in which each

state has complete autonomy to decide the operative

limitations period that will apply to federal civil rights

claims. While Louisiana extended the residual limitations period for future plaintiffs, the extension does

not apply to Mr. Brown or any similarly situated

2 See Martin S. Greenberg & R. Barry Ruback, After the Crime:

Victim Decision Making, 1–15, in 9 Perspectives in Law & Psychology (1992) (noting that victims of abuse struggle to report

subsequent to victimization); Dani Kritter, The Overlooked Barrier to Section 1983 Claims: State Catch-All Statutes of

Limitations,

Cal.

L.

Rev.

Online

(Mar.

2021),

https://perma.cc/T645-PYPW (explaining that these symptoms

are heightened for victims of police brutality).

19

plaintiffs who were injured prior to July 1, 2024. See

2024 La. Sess. Law Serv. Act 423, § 4.

By deciding to not apply Act 423 retroactively,

Louisiana is refusing to provide relief for many civil

rights plaintiffs, like Mr. Brown, who have already

been injured and now seek to vindicate their federal

rights. In fact, Louisiana’s belated recognition that its

limitations period was too short underscores that applying a one-year limitations period to Mr. Brown’s

Section 1983 claim was inconsistent with federal interests from the outset.

Mr. Brown and his fellow Louisianans are not the

only citizens whose federal civil rights are unduly restricted. All civil rights plaintiffs in Kentucky,

Tennessee, and Puerto Rico face the same fate as they

too are constrained by a one-year limitations period.

See Ky. Rev. Stat. Ann. § 413.140 (2021); Tenn. Code.

Ann. § 28-3-104 (2021);3 P.R. Laws Ann. tit. 31,

§ 5298(2). Absent guidance from this Court, federal

3 Tennessee’s one-year statute of limitations expressly carves out

a separate limitations period for civil actions “brought under the

federal civil rights statutes.” Tenn. Code. Ann. § 28-3104(a)(1)(B) (2021). Courts of appeals have struck down similar

statutes from other states, recognizing that “[w]hile Congress

permits federal courts to borrow state limitations periods, neither Congress nor the Supreme Court has authorized states to

create limitations periods and exclusively applicable to section

1983 actions.” Arnold v. Duchesne Cnty., 26 F.3d 982, 989 (10th

Cir. 1994). The Sixth Circuit has upheld the application of this

specialized statute to Section 1983 claims because Tennessee’s

residual period is also one year. See Dibrell v. City of Knoxville,

984 F.3d 1156, 1161 (6th Cir. 2021) (“Because this statute also

sets a one-year period, we need not consider which statute would

apply if the two limitations periods differed.”).

20

courts will continue to defer to these state limitations

periods that fail to adequately serve Section 1983’s

federal interests. See, e.g., Stucker v. Louisville Metro

Gov’t, No. 23-5214, 2024 WL 2135407, at *2 (6th Cir.

May 13, 2024) (applying Kentucky’s one-year statute

of limitations to Section 1983 claim); Bannister v.

Knox Cnty. Bd. of Educ., 49 F.4th 1000, 1008 (6th Cir.

2022) (applying Tennessee’s one-year statute of limitations to Section 1983 claim); Alamo-Hornedo v.

Puig, 745 F.3d 578, 581 (1st Cir. 2014) (applying

Puerto Rico’s one-year statute of limitations to Section

1983 claim). This Court’s review will therefore be important not just to Mr. Brown but also to millions of

others whose federal civil rights are subject to an inadequate state-law limitations period.

Even when borrowing state statutes of limitations,

this Court has explained that the controlling standard

“is ultimately a question of federal law.” Wilson, 471

U.S. at 269. While Owens sought to simplify the approach to Section 1983’s statute of limitations

question by designating a particular state-law provision, there are still fifty different legislatures and fifty

different statutes that determine the amount of time

plaintiffs have to bring their federal claims. Despite

this patchwork system applying federal rights inconsistently, this Court has yet to provide guidance about

the minimum limitations period for a Section 1983

claim. See Owens, 488 U.S. at 251 n.13. As such, there

is nothing stopping the outlier states from continuing

to apply a one-year limitations period; nor is there anything to prevent other states from reducing the

amount of time Section 1983 claimants have to file

their lawsuits. Federal civil rights plaintiffs therefore

21

face the perpetual risk that their home state can manipulate state procedural law to restrict their access

to the federal courts for claims against state officials.

Current Section 1983 plaintiffs in Louisiana, like

Mr. Brown, and all Section 1983 plaintiffs in Kentucky, Tennessee, and Puerto Rico, are bearing the

brunt of their states’ unfettered discretion. By granting certiorari, the Court can clarify that there are

federal limitations on the states’ ability to block access

to federal courts for meritorious Section 1983 claims.

II. The

Four-Year

Catchall

Statute

of

Limitations Provided Under Section 1658

Gives This Court the Federal Solution It

Lacked When Owens Was Decided.

This case also provides an opportunity to adopt a

uniform federal statute of limitations for the federal

remedy supplied by Section 1983. When Burnett, Wilson, and Owens were decided, federal law provided no

adequate procedural rule that could have supplied a

limitations period for Section 1983 claims. But in

1990, the year after Owens was decided, Congress enacted 28 U.S.C. § 1658, which provides a four-year

catchall statute of limitations period for all newly enacted federal causes of action that lack their own

specific limitations period.

This case presents the Court with the opportunity

to recognize that this change in law should also

change the controlling limitations period for Section

1983 claims. When the Court previously evaluated

Section 1983’s limitations period, it explained that

Section 1988 “direct[s] federal courts to follow a threestep process” to supply the appropriate rule of decision. Burnett, 468 U.S. at 47 (citing 42 U.S.C. § 1988).

22

Under Section 1988, courts first “look to the laws of

the United States ‘so far as such laws are suitable to

carry [the civil and criminal civil rights statutes] into

effect.’” Id. at 48 (quoting 42 U.S.C. § 1988) (alteration

in original).

If federal law is “suitable,” then federal law controls and the court’s job is done. See id.; see also

Wilson, 471 U.S. at 268 (explaining steps two and

three of Section 1988’s framework “should not be undertaken before principles of federal law are

exhausted”). Only if “no suitable federal rule exists”

do courts proceed to the next steps: considering the

application of the forum state’s common law and determining whether state law “is not ‘inconsistent with

the Constitution and laws of the United States.’” Burnett, 468 U.S. at 48 (quoting 42 U.S.C. § 1988).

At the time of the Court’s decision in Burnett, there

was no “suitable” federal law to provide a limitations

period for Section 1983 claims. 468 U.S. at 48–49. For

instance, the Court held that twentieth century civilrights laws cannot supply the limitations period for

Section 1983 claims because those laws have “independen[t]” “remedial scheme[s].” Id. at 49 (discussing

O’Sullivan v. Felix, 233 U.S. 318, 324–25 (1914),

Johnson v. Railway Express Agency, 421 U.S. 454,

459–61 (1975), and Jones v. Alfred H. Mayer Co., 392

U.S. 409, 416–17 & n.20 (1968)). Because no federal

law could supply the appropriate limitations period,

Burnett, Wilson, and Owens interpreted Section 1988

to require that courts borrow from state law limitations periods to decide what is otherwise clearly a

federal question. See id.; Wilson, 471 U.S. at 270.

23

Section 1658 now provides a federal solution to

this problem. The enactment of this provision calls for

a reevaluation of the central analysis under Section

1988, and conducting that analysis demonstrates that

Section 1658 provides the limitations period for all

Section 1983 claims across the Nation. It is far more

consistent with the federal interests of Section 1983 to

fill its missing gap with a uniform federal catchall

statute of limitations than to borrow from a patchwork of fifty different states’ residual personal injury

limitations periods providing wildly divergent time

periods for bringing suit. As the Court has explained,

“[s]tate legislatures do not devise their limitations periods with national interests in mind. . . .” Occidental

Life Ins. Co. v. EEOC, 432 U.S. 355, 367 (1977). As a

result, “state statutes of limitations can be unsatisfactory vehicles for the enforcement of federal law.”

DelCostello v. Int’l Bhd. of Teamsters, 462 U.S. 151,

161 (1983).

While Section 1658 does not apply to Section 1983

claims by its own force, Section 1988 does not require

that a federal statute be directly applicable. Indeed,

the premise of the inquiry under Section 1988 is that

there is no such directly applicable federal statute.

Rather, Section 1988 directs courts to survey federal

law more broadly to determine whether a “suitable”

limitations period exists. And Section 1658 qualifies

as a “suitable” federal provision because it represents

Congress’ determination of the appropriate balance

between providing federal plaintiffs sufficient time to

bring their claims and ensuring that all claims are

brought in a timely manner. See Joseph E. Worcester,

A Dictionary of the English Language 1444 (1860) (defining “suitable” as “[f]itting; fit; meet; conformable;

24

proper; appropriate; becoming; agreeable; answerable; convenient”).4

As Judge Ho suggested at oral argument in the

court below, relying on Section 1658 would be the

“more textual” approach to determining the appropriate statute of limitations for Section 1983 claims.

Judge Ho observed that “replacing the state by state

strangeness with a uniform four year [limitations period]” would “seem[] to be more textual” than the

current regime. Oral Argument, supra, at 15:30–

16:58. As such, he recognized this case provides a vehicle for “the Supreme Court to get back to the text”

of Sections 1988 and 1658. Id. at 12:56–13:00.

While federal courts currently employ a state-law

borrowing regime based on steps two and three of Section 1988, the Court has always recognized that

borrowing state law is an imperfect, second-best solution. As the Court has noted, “Congress surely did not

intend to assign to state courts and legislatures a conclusive role in the formative function of defining and

characterizing the essential elements of a federal

cause of action.” Wilson, 471 U.S. at 269. The state4 Under the current system, state limitations periods do not ap-

ply to Section 1983 claims by their own terms either. Wilson, 471

U.S. at 269 (“Even when principles of state law are borrowed to

assist in the enforcement of this federal remedy, the state rule is

adopted as a federal rule responsive to the need whenever a federal right is impaired.” (cleaned up)). Instead, they only apply

because, before the enactment of Section 1658, they provided

what this Court determined to be one “suitable,” albeit imperfect,

limitations period under Section 1988’s and Burnett’s framework. But now, Section 1658 provides a far more “suitable”

period.

25

borrowing scheme is a particularly odd fit for Section

1983 actions given that Section 1983 provides “‘a

uniquely federal remedy against incursions under the

claimed authority of state law upon rights secured by

the Constitution and laws of the Nation,” and operates

to “override certain kinds of state laws.’” Id. at 271–

72 (citations omitted); see also Kimberly Norwood, 28

U.S.C. § 1658: A Limitation Period with Real Limitations, 69 Ind. L.J. 477, 513–14 (1994) (“If . . . the

ineffectiveness of state law was the reason for § 1983’s

enactment, there is little logic in allowing state law to

govern how long the federal claim should survive.”).

In other words, the state-borrowing scheme empowers

states to unduly restrict the sweep of Section 1983—

the federal cause of action that itself serves as a check

on state officials’ exercise of their authority.

The years since Burnett, Wilson, and Owens have

demonstrated that the state-borrowing scheme is a

poor fit for Section 1983 claims. Federal courts initially struggled to determine the proper state-law

analogue for Section 1983 claims. See Owens, 488 U.S.

at 241–42. While Owens curbed some of the chaos by

instructing that a state’s residual statute of limitations periods governing personal injury actions

controls, see id. at 245–48, it maintained a system in

which access to Section 1983 varies from state to

state.

This Court has previously stressed the virtue of

the uniform application of federal law—including in

the Section 1983 context—stating that “the federal interest in uniformity and the interest in having ‘firmly

defined, easily applied rules,’ support the conclusion

that Congress intended the characterization of § 1983

26

to be measured by federal rather than state standards.” Wilson, 471 U.S. at 270; see also Davies

Warehouse Co. v. Bowles, 321 U.S. 144, 155 (1944) (“It

is, of course, true that uniform operation of a federal

law is a desirable end, and other things being equal,

we often have interpreted statutes to achieve it.”) (collecting cases).

Applying Section 1658 as the appropriate reference point would ensure federal uniformity. And in

light of Section 1658, courts are no longer forced to

perpetuate an imperfect regime in which citizens in

Maine and North Dakota have six years to vindicate

their federal rights under Section 1983 while citizens

in Louisiana, Kentucky, Tennessee, and Puerto Rico

have only one year. Similarly, Plaintiffs (and defendants) would no longer be forced to navigate the

differences and complexity of state law to determine

what statute of limitations applies to their federal

claims, including determining whether their state has

a single or multiple personal injury limitations periods. The four-year residual limitations period that

Congress provided in Section 1658 enhances predictability—“a primary goal of statutes of limitations,”

Owens, 488 U.S. at 240—while maintaining the national interest in the uniform application of federal

law.

Despite Section 1658’s status as a “suitable” federal solution under Section 1988, the Fifth Circuit

concluded that it could not apply Section 1658 to Section 1983 claims without further direction from this

Court. The Fifth Circuit concluded that, under Burnett and Owens, it was bound to continue applying the

state-law borrowing framework because Burnett (decided before the enactment of Section 1658) “held that,

27

at Step One, federal law does not provide a statute of

limitations for Section 1983 claims.” App. 5a. Until

this Court clarifies that Section 1658 now provides a

“suitable” federal rule of decision for Section 1983

claims, the outdated interpretation of Section 1988

will continue to control across the Nation.

At a minimum, Section 1658 provides an alternative that courts can apply where a state’s residual

period fails the third step of Section 1988 because it is

“‘inconsistent with the Constitution and laws of the

United States.’” Burnett, 468 U.S. at 48 (quoting 42

U.S.C. § 1988). Where, as here, a state’s residual personal injury limitations period is either practically too

short or discriminatory, courts need to find a more

suitable alternative. Rather than search for yet another state limitations period, the answer is clear:

Section 1658.

As explained above, one year does not provide federal plaintiffs with sufficient time to vindicate their

federal rights—especially for a claim at the core of

Section 1983 like Mr. Brown’s. As a result, after analyzing Section 1988 under Burnett and Owens, a court

would still be left without a limitations period to apply

to these plaintiffs’ Section 1983 claims. In these circumstances, Section 1658 represents Congress’

determination of the appropriate limitations period

where federal law has not otherwise provided a statute of limitations. Section 1658 thus serves as the

correct limitations period and failsafe for plaintiffs,

who have been stymied by a restrictive state law provision, to vindicate their important federal civil

rights.

28

III. The Application of Fifty Different State

Statutes of Limitations Creates a Lack of

Uniformity and Inequal Access to Federal

Civil Rights Claims.

The Court should grant review because all fifty

states (and federal territories) are effectively split

about the appropriate statute of limitations for federal

civil rights claims. Louisiana’s current one-year residual personal injury statute of limitations exposes the

reality that, under Owens, federal civil rights plaintiffs are afforded different access to a federal remedy

for federal rights violations based solely on where they

live. The current one-year period in Louisiana is tied

for the shortest in the Nation. See also Ky. Rev. Stat.

Ann. § 413.140 (2021); Tenn. Code. Ann. § 28-3-104

(2021); P.R. Laws Ann. tit. 31, § 5298(2). These limitations periods are a stark outlier from the nationwide

median of three years, and mode of two years. See

App. 44a–48a. If Mr. Brown had been attacked in almost any other state, he would have been given the

opportunity to litigate his federal civil rights claim.

This lack of uniformity in the application of a federal remedy for the infringement of federal rights can

only be corrected by this Court. For no reason other

than geography, federal civil rights plaintiffs in the

outlier states face an unreasonably short limitations

period that effectively thwarts their ability to bring

meritorious Section 1983 claims. That is true even

though these plaintiffs face the same practical hurdles

to bring their claims as their counterparts in nearly

every other state.

There is no good reason that plaintiffs’ access to a

foundational federal cause of action should turn on

29

the benevolence of their state legislatures. See Occidental Life Ins. Co., 432 U.S. at 367 (“State

legislatures do not devise their limitations periods

with national interests in mind.”). As the Court has

explained, “[t]he high purposes of [Section 1983] make

it appropriate to accord the statute ‘a sweep as broad

as its language.’” Wilson, 471 U.S. at 272 (quoting

United States v. Price, 383 U.S. 787, 801 (1966)). Indeed, it was designed to “override certain kinds of

state laws”—not be constrained by them. Id. Instead

of continuing to perpetuate the unjust and unnecessary split, the Court can use this case as a vehicle to

recognize that federal law now provides a more “suitable” uniform statute of limitations for Section 1983

claims under Section 1658.

At minimum, all federal civil rights plaintiffs—regardless of geography—are entitled to a reasonably

sufficient time to bring their claims. As almost all

states have recognized, two years is the bare minimum necessary for such claims. While states can

choose to provide longer limitations period, they must

at least provide a limitations period that satisfies the

threshold federal interests underlying Section 1983.

Louisiana cannot escape this requirement by extending the statute of limitations for some classes of

citizens while leaving others, like Mr. Brown, without

any recourse to vindicate their federal civil rights

claims. By granting review here, the Court can ensure

the availability of Section 1983 to all Americans by

recognizing a two-year floor beneath which outlier

states may not curtail their residents’ federal civil

rights.

30

IV. This Case Provides an Excellent Vehicle to

Resolve Important Questions That This

Court Will Have Limited Opportunities to

Hear.

Mr. Brown’s petition is an ideal vehicle to address

the questions presented. The applicability of the oneyear statute of limitations was the only issue raised in

Mr. Brown’s case and presented on appeal. There

were no separate grounds to dismiss his claim. Moreover, there is not even a dispute as to the underlying

facts now that both Defendants have since pleaded

guilty to federal criminal charges arising from this attack. Plea Agreement, United States v. Grant, No.

5:23-cr-00207-SMH-MLH (W.D. La. Sept. 5, 2023),

ECF 9; Plea Agreement, United States v. Pouncy, No.

5:23-cr-00210-SMH-MLH (W.D. La. April 10, 2024),

ECF 27. Mr. Brown has been unable to pursue his

claim for damages solely because his claim is subject

to Louisiana’s outlier statute of limitations. This case

therefore leaves no doubt that meritorious Section

1983 claims are squeezed out under a one-year limitations period.

This case is also a clean vehicle to review the applicability of Section 1658. The question of Section

1658’s reach was clearly presented to and considered

by the district court and Fifth Circuit. See Brief for

Plaintiff-Appellant at 31-35, Brown v. Pouncy, No. 2230691 (5th Cir. Jan. 27, 2023), ECF 24–1. As Judge

Ho observed at oral argument, Section 1658 is the

“more textual” answer to Section 1988’s framework.

Oral Argument, supra, at 15:30–16:58. But only the

Supreme Court can provide that solution. App. 15a.

31

Critically, the Court is unlikely to have many additional opportunities to address these questions.

Because state law currently controls, only plaintiffs

hailing from Kentucky, Tennessee, and Puerto Rico

can bring challenges to the viability of a one-year residual personal injury statute of limitations as applied

to their Section 1983 claims. As such, only the First

and Sixth Circuits could even have a future opportunity to consider whether a one-year period is

consistent with the federal interests underpinning

Section 1983.

Even if the other Circuits confront Owens’ open

question, they may very well encounter the same challenge the Fifth Circuit faced where it recognized that

the state law in question creates practical challenges

for federal plaintiffs but concluded that “[o]nly the Supreme Court . . . can clarify how lower courts should

evaluate practical frustration without undermining

[Owens’] solution.” App. 15a. As a result, it is exceedingly unlikely that the courts of appeals will ever

disagree about Owens’ open question—even though

this Court has expressed skepticism that a one-year

limitations period can satisfactorily promote the federal interests underpinning Section 1983. See Owens,

488 U.S. at 251 n.13.

To be clear, the fact that the issue raised by Mr.

Brown is unlikely to present itself in another cert-worthy vehicle does not diminish the importance of the

issue at stake. Currently, more than 16 million citizens in Louisiana, Kentucky, Tennessee, and Puerto

Rico are uniquely disadvantaged in their ability to litigate their meritorious federal civil rights claims.

With the opinion below serving as binding precedent

in the Fifth Circuit and persuasive authority in the

32

First and Sixth Circuits, it is unlikely that future

plaintiffs will be able to mount successful challenges

to the outlier statutes of limitations absent this

Court’s intervention.

For these reasons, Mr. Brown’s case presents a

rare opportunity to resolve the question left open in

Owens and to address whether Section 1658 supplies

a more appropriate limitations period for Section 1983

claims. This Court can ensure that all federal civil

rights victims, regardless of state, are guaranteed access to Section 1983’s “uniquely federal remedy.”

CONCLUSION

The petition should be granted.

Respectfully submitted,

David D. Cole

Lauren Willard Zehmer

AMERICAN CIVIL LIBERTIES Counsel of Record

Michael X. Imbroscio

UNION FOUNDATION

915 Fifteenth Street, NW Sameer Aggarwal

COVINGTON & BURLING LLP

Washington, DC 20005

850 Tenth Street, NW

Nora Ahmed

Washington, DC 20001

ACLU FOUNDATION OF

(202) 662-6000

LOUISIANA

lzehmer@cov.com

1340 Poydras Street

Suite 2160

Caleb M. W. Ellis

New Orleans, LA 70112

COVINGTON & BURLING LLP

620 Eighth Avenue

New York, NY 10018

Counsel for Petitioner

June 18, 2024

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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