EMILIO M. GARZA, Circuit Judge:
Barbra Piotrowski appeals the district court's dismissal of her civil rights suit against the City of Houston (the "City"),
In 1980, gunmen shot Barbra Piotrowski in an attempt to kill her.
Piotrowski sued the City in 1993, alleging that the officers had interfered with Waring's attempts to warn her of the danger she faced and that other officers had aided Bell and the other persons conspiring to kill her by providing them with a picture of her. Piotrowski stated that she had not learned of these actions until January, 1993, when one of the officers revealed the alleged interference and affirmative assistance in a deposition for a civil case concerning a book written about Piotrowski. The district court granted the City's motion to dismiss with prejudice under Rule 12(b)(6) of the Federal Rules of Civil Procedure on the grounds that Piotrowski's complaint was time-barred. Piotrowski appeals that dismissal.
Piotrowski contends that the district court erred in dismissing her suit as time-barred. "We review a Rule 12(b)(6) dismissal de novo. We must accept all well-pleaded facts as true, and we review them in the light most favorable to the plaintiff." Green v. State Bar of Texas, 27 F.3d 1083, 1086 (5th Cir.1994). In our de novo review, we apply the same standard as that used by the district court: "[A] claim may not be dismissed unless it appears certain that the plaintiff cannot prove any set of facts in support of his claim that would entitle him to relief." Leffall v. Dallas Indep. Sch. Dist., 28 F.3d 521, 524 (5th Cir.1994) (citing Norman v. Apache Corp., 19 F.3d 1017, 1021 (5th Cir. 1994); Carney v. RTC, 19 F.3d 950, 954 (5th Cir.1994)); see also Green, 27 F.3d at 1086 ("A dismissal will not be affirmed if the allegations support relief on any possible theory.").
The district court found that Piotrowski's claim was that the Police Department violated her civil rights when it failed to investigate Waring's story and failed to protect her from Bell and Minns, and decided that such claims accrue at the time of the injury. Because Piotrowski knew at the time she was shot that the Police Department had failed to protect her, the district court held that her claim had accrued in 1980, more than two years before she filed suit.
Piotrowski argues that the police officers' affirmative acts of preventing Waring from warning her and giving the conspirators her picture support a § 1983 claim of a "state-created danger."
Generally, "nothing in the language of the Due Process Clause itself requires the State to protect the life, liberty, and property of its citizens against invasion by private actors." DeShaney v. Winnebago County Dep't of Social Servs., 489 U.S. 189, 195, 109 S.Ct. 998, 1003, 103 L.Ed.2d 249 (1989). "The Due Process Clause confers protection to the general public against unwarranted governmental interference, but it does not confer an entitlement to governmental aid as may be necessary to realize the advantages of liberty guaranteed by the Clause." Walton, 44 F.3d at 1302. While "it is true that in certain limited circumstances the Constitution imposes upon the State affirmative duties of care and protection with respect to particular individuals," DeShaney, 489 U.S. at 198, 109 S.Ct. at 1004, Piotrowski must show that her situation fits those "certain limited circumstances."
Piotrowski contends that her allegations qualify by satisfying the "state-created danger" theory of § 1983 liability.
Before we reach whether a "state-created danger" constitutes a cognizable § 1983 theory, we determine first whether the district court correctly held that the statute of limitations would bar such a claim. Piotrowski contends that her claim accrued in January, 1993, when she discovered the relevant information from the police officer's deposition.
"Under federal law, the [limitations] period begins to run `the moment the plaintiff becomes aware that he has suffered an injury or has sufficient information to know that he has been injured.'" Russell v. Board of Trustees, 968 F.2d 489, 493 (5th Cir.1992) (quoting Helton v. Clements, 832 F.2d 332, 335 (5th Cir.1987)), cert. denied, ___ U.S. ___, 113 S.Ct. 1266, 122 L.Ed.2d 662 (1993).
The City argues that Piotrowski either knew of the facts underlying her claim
We need not decide, however, whether Piotrowski's "state-created danger" claim is a cognizable § 1983 theory that is not time-barred. Even if she has alleged a "state-created danger," she has failed to allege facts that implicate the City itself. A municipality does not incur liability under § 1983 "unless action pursuant to official municipal policy of some nature caused a constitutional tort." Monell v. Department of Soc. Servs., 436 U.S. 658, 691, 98 S.Ct. 2018, 2036, 56 L.Ed.2d 611 (1978); see also City of Canton v. Harris, 489 U.S. 378, 385, 109 S.Ct. 1197, 1203, 103 L.Ed.2d 412 (1989) ("[O]ur first inquiry in any case alleging municipal liability under § 1983 is the question whether there is a direct causal link between a municipal policy or custom and the alleged constitutional deprivation."); Leffall, 28 F.3d at 525 (requiring allegation that policy or custom was "a cause in fact of the deprivation of rights inflicted"); Colle v. Brazos County, 981 F.2d 237, 244 (5th Cir.1993) ("[O]nly when the execution of a county's policies or its customs deprives an individual of constitutional or federal rights does liability under § 1983 result.").
Piotrowski alleges that the police officers increased the threat to her life, but she does not allege that the increased danger resulted from the City's policies. Nowhere in her substantive due process claim does Piotrowski allege that a causal link existed between a City policy or custom and the alleged state-created danger. Rather, she alleges that the increased danger resulted from the actions of certain police officers. Because the City cannot be held liable under a respondeat superior theory, Monell, 436 U.S. at 691, 98 S.Ct. at 2036, Piotrowski has failed to allege facts supporting a § 1983 claim against the City.
For the foregoing reasons, we AFFIRM the dismissal of Piotrowski's suit. We modify the district court's judgment, however, to dismiss without prejudice to Piotrowski's
Id. at 530-31. Deliberate indifference requires the following: "[T]he environment created by the state actors must be dangerous; they must know it is dangerous; and ... they must have used their authority to create an opportunity that would not otherwise have existed for the third party's crime to occur." Johnson, 38 F.3d at 201.