Eddie Armstrong v. Ronal Serpas
670 F. App'x 851
| 5th Cir. | 2016Background
- Plaintiff Eddie F. Armstrong, a Louisiana prisoner proceeding pro se and in forma pauperis, sued under 42 U.S.C. § 1983 alleging excessive force by a New Orleans police officer during his arrest on February 12, 2013.
- § 1983 claims borrow the forum state personal-injury limitations period; under Louisiana law the prescriptive period is one year.
- Armstrong filed his complaint in January 2015, well after the one-year prescriptive period had run.
- Defendants (Officer Marshall and Superintendent Serpas) moved to dismiss under Rule 12(b)(6) as time-barred; the magistrate recommended dismissal and the district court adopted that recommendation.
- Armstrong argued equitable tolling under the Louisiana doctrine of contra non valentum, citing recovery time from injuries and limited prison legal resources; he appeals only as to Officer Marshall.
- The Fifth Circuit reviewed the Rule 12(b)(6) dismissal de novo, accepting well-pleaded facts as true and viewing them in the light most favorable to Armstrong.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness — whether § 1983 claim is barred by Louisiana's one-year prescriptive period | Armstrong: claim accrued at arrest but filing delay excused by tolling | Marshall: claim filed after one-year prescription; dismissal appropriate | Held: Claim accrued on Feb 12, 2013; complaint filed Jan 2015 is untimely and subject to dismissal |
| Equitable tolling — applicability of contra non valentum | Armstrong: recovery period and inadequate legal resources in prison prevented timely filing | Marshall: asserted prescriptive period not tolled; Armstrong's facts do not fit contra non valentum categories | Held: Contra non valentum does not apply; Armstrong's pleaded facts insufficient to toll the prescriptive period |
Key Cases Cited
- Groden v. City of Dallas, 826 F.3d 280 (5th Cir. 2016) (standard of review for Rule 12(b)(6) dismissals)
- Hines v. Alldredge, 783 F.3d 197 (5th Cir. 2015) (Rule 12(b)(6) pleading principles)
- Smith v. Reg'l Transit Auth., 827 F.3d 412 (5th Cir. 2016) (§ 1983 accrual and use of forum state's limitations period)
- Price v. City of San Antonio, 431 F.3d 890 (5th Cir. 2005) (accrual date for § 1983 excessive-force claims)
- Marin v. Exxon Mobil Corp., 48 So.3d 234 (La. 2010) (enumeration of contra non valentum grounds under Louisiana law)
- Felder v. Johnson, 204 F.3d 168 (5th Cir. 2000) (equitable tolling principles in AEDPA context)
- Boswell v. Claiborne Par. Detention Ctr., [citation="629 F. App'x 580"] (5th Cir. 2015) (equitable tolling of § 1983 claims by Louisiana prisoners)
AFFIRMED. Judge Haynes concurs only in the judgment.