Judith A. Neelley v. Clifford Walker
677 F. App'x 532
| 11th Cir. | 2017Background
- Judith Neelley was convicted of murder in 1983, sentenced to death, and had her sentence commuted to life imprisonment in 1999.
- Under pre-2003 Alabama law (Ala. Code § 15-22-27(b)), commutation made Neelley eligible for parole after serving 15 years; an Alabama court determined her eligibility date would be January 15, 2014.
- In 2003 Alabama enacted Act 2003-300, amending § 15-22-27(b) to bar parole for persons whose death sentence was commuted and declaring the Act retroactive to September 1, 1998.
- The Parole Board twice told Neelley she remained eligible for parole in January 2014, but in 2014 — after obtaining an Attorney General opinion — the Board reversed and notified her she was ineligible under the Act.
- Neelley sued Board members under 42 U.S.C. § 1983 alleging the Act was an unconstitutional ex post facto law and a bill of attainder; the district court granted summary judgment for defendants, ruling the claim accrued in 2003 and was time-barred by Alabama’s two-year statute of limitations.
- The Eleventh Circuit reversed, holding Neelley’s cause of action accrued in 2014 when the Parole Board made a final decision to apply the Act to her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did Neelley’s § 1983 claim accrue for statute-of-limitations purposes? | Accrual occurred in 2014 when the Parole Board (after AG opinion) finally applied the 2003 Act to bar her parole. | Accrual occurred in 2003 at enactment of Act 2003-300; injury dates from adoption of the law and limitations ran then. | Accrual occurred in 2014 when a final decision was made to apply the Act to Neelley, so her claim was timely. |
Key Cases Cited
- Crowe v. Donald, 528 F.3d 1290 (11th Cir. 2008) (§ 1983 claims borrow state personal-injury limitations)
- Powell v. Thomas, 643 F.3d 1300 (11th Cir. 2011) (Alabama uses a two-year limitations period for § 1983 claims)
- Wallace v. Kato, 549 U.S. 384 (2007) (accrual date of § 1983 claims is a question of federal law)
- Chardon v. Fernandez, 454 U.S. 6 (1981) (focus on time of the discriminatory act; accrual when a final decision is made)
- Communist Party of U.S. v. Subversive Activities Control Bd., 367 U.S. 1 (1961) (court should not decide constitutional questions prematurely)
- Ex parte Ellard, 474 So. 2d 758 (Ala. 1985) (Alabama Parole Board is responsible for determining parole eligibility)