432 F. App'x 47
3rd Cir.2011Background
- Johnson stopped Atkin, a Caucasian driver, on the Pennsylvania Turnpike in July 2006 and issued a traffic ticket for left-lane travel for twenty-five miles.
- Atkin was convicted of unlawful use of a limited access highway in October 2006 in Magisterial District Court and again in a March 2008 summary appeal.
- Atkin filed a § 1983 complaint in September 2009 against Johnson and the Pennsylvania State Police alleging reverse discrimination.
- The District Court dismissed the PSP and Johnson claims to the extent tied to official capacity as barred by the Eleventh Amendment and dismissed the individual-capacity claim as untimely.
- The Third Circuit summarily affirmed the District Court’s decision, holding the Eleventh Amendment immunity barred official-capacity claims and the individual-capacity claim was time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eleventh Amendment bar to official-capacity claims | Atkin contends official-capacity claims are permissible. | PSP and Johnson argue immunity applies and bars damages. | Official-capacity claims barred by Eleventh Amendment immunity. |
| Timeliness of Johnson's individual-capacity claim | Atkin contends timely under accrual rules. | Johnson's claim untimely under two-year Pennsylvania statute of limitations for personal injuries. | Johnson's individual-capacity §1983 claim untimely. |
| Continuing violations doctrine | Atkin seeks to apply continuing violations to revive claims. | Doctrine does not apply to this §1983 case. | Continuing violations doctrine does not apply. |
Key Cases Cited
- Solis v. Local 234, Transp. Workers Union, 585 F.3d 172 (3d Cir. 2009) (plenary review of Rule 12(b)(1) dismissals; governing standard)
- Algrant v. Evergreen Valley Nurseries Ltd. P'ship, 126 F.3d 178 (3d Cir. 1997) (plenary review on statute of limitations for §1983 claims)
- Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989) (sovereign immunity bars official-capacity suits for state agencies)
- Quern v. Jordan, 440 U.S. 332 (1979) (Congress did not abrogate state sovereign immunity via §1983)
- Wilson v. Garcia, 471 U.S. 261 (1985) (accrual rule: §1983 claims accrue when injury is known)
- West v. Philadelphia Elec. Co., 45 F.3d 744 (3d Cir. 1995) (continuing-violations doctrine not applicable here)
- Sameric Corp. of Delaware, Inc. v. City of Philadelphia, 142 F.3d 582 (3d Cir. 1998) (accrual and discovery principles for §1983 claims)
- Capogrosso v. Supreme Court of N.J., 588 F.3d 180 (3d Cir. 2009) (sovereign immunity and Eleventh Amendment applicability)