CLYCE v. BUTLER

No. 15-11010.

876 F.3d 145 (2017)

Chance Marcus CLYCE, and on behalf of all those similarly situated; Donna Jill Clyce, and on behalf of those similarly situated; Mark Clyce, and on behalf of all those similarly situated, Plaintiffs-Appellants v. Nadine BUTLER, individually and in her official capacity; Lesly Jacobs, Investigator for TJJD, individually and in his official capacity; Kevin Dubose, individually and in his official capacity; Conrad Jones, individually and in his official capacity; Unknown Staff at the Hunt County Juvenile Detention Center, in their official and individual capacities; Texas Juvenile Justice Department, in their official and individual capacities, formerly known as Texas Juvenile Probation Commission Texas Youth Department; Unknown Staff at the Texas Juvenile Justice Department, in their official and individual capacities; Frederick Farley, Investigator and Supervisor for Hunt County Juvenile Detention Center, individually and in his official capacity; Kenneth Wright, individually and in his official capacity; Shanigia Williams, individually and in her official capacity; Hunt County Juvenile Detention Center; David Reilly, Interim Executive Director; Unknown Texas Juvenile Justice Department Director, individually and in his official capacity; Any Other Unknown Juvenile Detention Employees, in their official and individual capacities, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED November 22, 2017.


Attorney(s) appearing for the Case

Martin J. Cirkiel , Cirkiel & Associates, P.C., Round Rock, TX, for Plaintiffs-Appellants.

Christopher Lee Lindsey , Seth Byron Dennis , Assistant Attorney Generals, Office of the Attorney General, Law Enforcement Defense Division, Austin, TX, for Defendants-Appellees NADINE BUTLER, individually and in her official capacity, LESLY JACOBS, Investigator for TJJD, individually and in his official capacity, KEVIN DUBOSE, individually and in his official capacity, CONRAD JONES, individually and in his official capacity, TEXAS JUVENILE JUSTICE DEPARTMENT, in their official and individual capacities, formerly known as Texas Juvenile Probation Commission Texas Youth Department, and DAVID REILLY, Interim Executive Director.

Jason Eric Magee , Allison, Bass & Magee, L.L.P., Austin, TX, for Defendants-Appellees FREDERICK FARLEY, Investigator and Supervisor for Hunt County Juvenile Detention Center, individually and in his official capacity, KENNETH WRIGHT, individually and in his official capacity, and SHANIGIA WILLIAMS, individually and in her official capacity.

Before BARKSDALE, DENNIS, and CLEMENT, Circuit Judges.


Chance Clyce appeals the district court's dismissal of his claims as barred by Texas's statute of limitations. The district court held that when a minor's parents bring a lawsuit on his behalf as next friends, the statute of limitations for those claims is not tolled during his period of minority if they were aggressively litigated through...

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