Tam Nguyen v. Commonwealth of Pennsylvania, 906 F.3d 271

In January 2012, PA State Trooper Jared Bromberg stopped a car for speeding, reengaged a passenger (Kung), obtained consent to search the vehicle, and patted down passenger Tam Thanh Nguyen.
The pat-down yielded pills and cash; Nguyen admitted the pills and was arrested; a search incident to arrest revealed cocaine.
Nguyen was prosecuted; the Pennsylvania Superior Court reversed suppression denial and held the second seizure and resulting search unconstitutional, and the charges were dismissed. Commonwealth v. Nguyen, 116 A.3d 657 (Pa. Super. Ct. 2015).
In September 2015, Nguyen sued Bromberg under 42 U.S.C. § 1983 for unreasonable search/seizure and false arrest related to the 2012 stop/search/arrest.
The district court granted summary judgment for Bromberg, concluding the search either complied with the Fourth Amendment or was barred by qualified immunity and that Nguyen’s suit was time-barred.
On appeal, the Third Circuit affirmed solely on statute-of-limitations grounds: the limitations period began when the search and arrest occurred in January 2012, not when the state court later invalidated the search.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does a § 1983 claim for unreasonable search accrue?	Accrual begins when a court declares the search unconstitutional (2015 decision).	Accrual begins when the allegedly unconstitutional act (search/arrest) occurred (2012).	Accrues at the time of the search; limitations runs from 2012.
When does a false-arrest claim accrue?	(Implicit) accrual tied to later invalidation.	Accrual when legal process justified detention or, if none, upon release.	Accrues at the moment legal process began (same day as arrest).
Which law determines accrual start for § 1983 claims?	State law should set accrual start.	Federal law governs when limitations begins even if state SOL applies.	Federal law determines accrual; state SOL length applies.
Was the § 1983 suit timely?	Filed after state court ruling; should be timely.	Filed more than two years after accrual, so untimely.	Suit untimely under Pennsylvania two-year SOL; affirm dismissal.

Wallace v. Kato, 549 U.S. 384 (2007) (accrual rule for false-arrest claims and when limitations begin)
Kach v. Hose, 589 F.3d 626 (3d Cir. 2009) (federal law governs accrual; state SOL governs length)
Thomas v. Cumberland County, 749 F.3d 217 (3d Cir. 2014) (standard of review for summary judgment)
Commonwealth v. Nguyen, 116 A.3d 657 (Pa. Super. Ct. 2015) (state court held the second seizure and resulting search unconstitutional)