891 F.3d 1079
8th Cir.2018Background
- In 2009 the Eureka Gardens Board procured USDA funding to install a sewer system; the initial engineer design called for gravity sewers but was later modified so five residences would receive electric-powered grinder pump systems.
- Four of the five grinder-designated homes were occupied by African-American families; James and Ollie Humphrey (African-American) owned two of those homes.
- In October 2011 the Humphreys signed a contract providing the Board would install grinder pumps and connecting lines at no cost, while the Humphreys would install electrical service and thereafter power and maintain the pumps.
- Construction finished in November 2013; the City of North Little Rock Wastewater Department (NLRWD) operates and charges a uniform maintenance rate for the sewer system but does not operate or maintain the grinder pumps.
- The Humphreys filed a verified § 1983 complaint in May 2016 alleging violations of procedural due process, substantive due process, and equal protection; the district court dismissed the complaint as time-barred, and the Humphreys appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the Humphreys' § 1983 claims accrue for statute-of-limitations purposes? | Accrual did not occur in Oct 2011 because the Humphreys lacked standing to seek damages until they suffered actual financial harm; alternatively, each later charge/payment restarts the limitations period as a continuing violation. | Claims accrued in Oct 2011 when the Humphreys were notified of the decision to install grinder pumps; later harms are delayed consequences and do not reset accrual. | Accrual occurred in Oct 2011 upon notice of the grinder-pump decision; the suit filed in May 2016 was time-barred under the applicable 3-year limitations period (expired Oct 2014). |
Key Cases Cited
- Delaware State College v. Ricks, 449 U.S. 250 (1979) (accrual occurs when plaintiff is notified of adverse decision, not when consequences later occur)
- Chardon v. Fernandez, 454 U.S. 6 (1981) (extends Ricks accrual rule to § 1983 discriminatory termination claims)
- Wallace v. Kato, 549 U.S. 384 (2007) (§ 1983 claims accrue when plaintiff has a complete and present cause of action)
- Bazemore v. Friday, 478 U.S. 385 (1986) (ongoing discriminatory paychecks can constitute continuing violations)
- Montin v. Estate of Johnson, 636 F.3d 409 (8th Cir. 2011) (distinguishes continuing violations from discrete acts; continuing harms may support ongoing claims but discrete decisions accrue when communicated)