Ogbebor v. Hardy
6:24-cv-00313
W.D. La.May 7, 2024Background
- Plaintiff Edosa Addley Festus Ogbebor filed a civil rights complaint pro se on February 29, 2024, in federal district court in Louisiana.
- The complaint spans 14 years (from 2008 to September 2022) and involves multiple arrests/incidents with various named defendants.
- Plaintiff is not a prisoner and did not proceed in forma pauperis; he paid filing fees.
- The court undertook a sua sponte screening of the complaint for plausibility and jurisdictional deficiencies.
- The operative complaint raises claims under 42 U.S.C. § 1983 for alleged civil rights violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff’s §1983 claims are time-barred by the statute of limitations. | Ogbebor alleges civil rights violations over 14 years, linking to separate arrests/incidents. | Not addressed (screening sua sponte) | All claims are time-barred under Louisiana’s one-year limitations period. |
| Whether the court has subject matter jurisdiction given the pleadings. | Ogbebor alleges federal civil rights violations. | Not addressed (screening sua sponte) | Court may dismiss claims that are implausible or frivolous. |
| Whether pro se status affects dismissal standards. | Implicitly invokes liberal construction of pleadings. | Not addressed (screening sua sponte) | Even pro se litigants must meet basic pleading requirements. |
| Whether any of the claims state a claim for relief. | Asserts various §1983 violations and unlawful conduct. | Not addressed (screening sua sponte) | Plaintiff failed to state a claim; complaint dismissed with prejudice. |
Key Cases Cited
- Wilson v. Garcia, 471 U.S. 261 (statute of limitations for §1983 claims borrowed from state personal injury law)
- Wallace v. Kato, 549 U.S. 384 (accrual of §1983 false arrest claims at detention pursuant to legal process)
- Boag v. MacDougall, 454 U.S. 364 (liberal construction of pro se pleadings)
- Haines v. Kerner, 404 U.S. 519 (liberal construction of pro se pleadings)
- Lavellee v. Listi, 611 F.2d 1129 (Fifth Circuit approval of Louisiana’s one-year limitations period for §1983 actions)