487 F. App'x 904
5th Cir.2012Background
- Reed alleged false-arrest/false-imprisonment under §1983 and related state-law claims against law-enforcement and probation officers for alleged conspiracy to file false charges and extend imprisonment.
- The district court dismissed federal claims as time-barred, holding accrual occurred at Reed’s bond hearing by August 15, 2009, making her January 2011 filing untimely.
- The court declined jurisdiction over supplemental state-law claims.
- Reed argued accrual for Fourth Amendment unlawful seizure follows federal law; Wallace v. Kato governs accrual when plaintiff is held pursuant to process.
- The court considered whether Reed’s bond hearing constituted legal process and thus accrual date.
- Even if bond hearing did not satisfy Wallace, Reed had later revocation hearings that did constitute legal process, with accrual at latest in September 2010; Reed sued in January 2011, so time-barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether accrual for Reed's false-arrest claim was timely. | Reed argues accrual should be later under Wallace. | Defendants contend accrual occurred at the bond or revocation hearings, timely or not. | accrual satisfied by bond/revocation hearings; time-barred |
| Whether bond hearing constitutes 'legal process' for accrual under Wallace. | Bond hearing might not be legal process; asks to amend with details. | Bond hearing qualifies as legal process and Wallace applies. | Bond hearing satisfies Wallace; no remand needed |
| If time-barred, whether Reed may amend to state a due-process claim. | Seek amendment to raise due-process theory. | Leave to amend not properly requested; new theory on appeal improper. | No amendment accepted; due-process claim not raised below |
Key Cases Cited
- Wallace v. Kato, 549 U.S. 384 (2007) (false-arrest accrual when held pursuant to legal process)
- Terry v. Hubert, 609 F.3d 757 (5th Cir. 2010) (bond hearing can indicate processing of detention)
- Mondragon v. Thompson, 519 F.3d 1078 (10th Cir. 2008) (bond hearing context and type of hearing affect due-process timing)
- Lavellee v. Listi, 611 F.2d 1129 (5th Cir. 1980) (set accrual standard for §1983 claims)
- Cuadra v. Houston Indep. Sch. Dist., 626 F.3d 808 (5th Cir. 2010) (accrual governed by state law for §1983 cases)
- Capps v. Humble Oil & Refining Co., 536 F.2d 80 (5th Cir. 1976) (new theories generally not raised on appeal)