Bruce v. City of Memphis, Tennessee
2:23-cv-02253
W.D. Tenn.Apr 14, 2025Background
- Douglas Bruce owned a Memphis residential property that was subject to housing code violations and subsequent condemnation by the City beginning in 2016.
- The City notified Bruce several times by certified mail, posting, and record with the county of imminent condemnation and demolition between March and May 2019.
- Bruce signed for multiple certified notices, including the Order of Condemnation, but did not appeal or take any action.
- The City demolished the property in September 2019 and assessed demolition costs against Bruce's property.
- Bruce filed this § 1983 federal lawsuit in April 2023, alleging constitutional violations stemming from the demolition.
- The City moved for summary judgment, claiming Bruce’s claims are time-barred by Tennessee's one-year statute of limitations for § 1983 actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations bar for § 1983 claims | Demolition date dictates accrual, and no actual notice received | Accrual date is when Bruce signed for condemnation notice in 2019 | Time-barred; Bruce should have known |
| Proper length of limitations period | Argues for a uniform, not state, period to apply | Tennessee's 1-year period applies to § 1983 actions | 1-year Tennessee rule applies |
| Due process and merits of claims | City deprived him of property rights without due process | Bruce failed to timely appeal, received ample notice, and didn't act | Not addressed (barred by time) |
| Notice sufficiency | No proof of actual notice of demolition itself | Ample notice via certified mail and public posting; constructive notice | Constructive notice sufficient |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard for genuine dispute of material fact)
- Celotex Corp. v. Catrett, 477 U.S. 317 (burden-shifting framework for summary judgment)
- Wallace v. Kato, 549 U.S. 384 (federal law determines accrual date for § 1983 claims, not state law)
- Monell v. Department of Social Services, 436 U.S. 658 (standard for municipal liability under § 1983)