652 F. App'x 784
11th Cir.2016Background
- On May 17, 2011, Riverdale Officer Duane Hiers questioned Antoine White at work, seized a handgun from White’s backpack, and arrested him for carrying a concealed weapon.
- White was detained and released on bond; the magistrate set bond and bound him over to state court on May 18, 2011.
- The criminal charge was nol prossed on January 10, 2012.
- White filed a § 1983 false-arrest suit against Hiers and the City of Riverdale on July 19, 2013.
- Defendants moved for summary judgment arguing the two-year Georgia statute of limitations had expired; the district court granted summary judgment, finding White’s claim accrued on May 18, 2011.
- White argued accrual did not occur until his arraignment (October 26, 2011) or when charged by accusation (September 30, 2011); the court rejected these contentions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the false-arrest claim accrue? | Accrual occurred at arraignment or when charged by accusation (late 2011) | Accrual occurred when White was held pursuant to legal process (May 18, 2011) | Accrual occurred May 18, 2011 when magistrate set bond and bound him over |
| Is the claim time-barred under Georgia's two-year statute? | Filing July 19, 2013 was timely if accrual was Oct. 26, 2011 | Filing was untimely because accrual was May 18, 2011 | Claim untimely; summary judgment affirmed |
| Does being released on bond delay accrual? | Bond and absence of an initial appearance hearing mean accrual was later | Release on bond does not prevent accrual once held pursuant to legal process | Release on bond did not delay accrual; legal process began May 18, 2011 |
| Did Wallace v. Kato allow a different "legal process" start date? | Wallace requires arraignment to trigger end of imprisonment | Wallace allows various forms of legal process (e.g., bound over by magistrate) | Wallace supports accrual when plaintiff is held pursuant to legal process (magistrate action sufficed) |
Key Cases Cited
- Wallace v. Kato, 549 U.S. 384 (2007) (false-arrest accrual occurs when false imprisonment ends—i.e., when held pursuant to legal process)
- McCaleb v. A.O. Smith Corp., 200 F.3d 747 (11th Cir. 2000) (standard of review for statute-of-limitations questions on summary judgment)