BROWN v. POUNCY

No. 22-30691.

93 F.4th 331 (2024)

Jarius BROWN, Plaintiff-Appellant, v. Javarrea POUNCY; John Doe #1; John Doe #2, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED February 19, 2024.


Attorney(s) appearing for the Case

Lauren Willard Zehmer , Michael Xavier Imbroscio , Covington & Burling, L.L.P., Washington, DC, Nora Ahmed , Erin Bridget Wheeler, Esq. , American Civil Liberties Union Foundation of Louisiana, New Orleans, LA, for Plaintiff-Appellant.

James Ashby Davis , David Jonathan Hemken , Cook, Yancey, King & Galloway, A.P.L.C., Shreveport, LA, for Defendant-Appellee Javarrea Pouncy.

Matthew C. Clifford, Washington, DC, Leah Marie Nicholls, Public Justice, P.C., Washington, DC, for Amicus Curiae Public Justice.

Brian S. Fraser, Esq., Angad Bhai, Akerman, L.L.P., New York, NY, for Amicus Curiae National Police Accountability Project, Incorporated.

Kara Novaco Brockmeyer, Michael Peter Geraltowski, Debevoise & Plimpton, L.L.P., Washington, DC, Bruce Warfield Hamilton, Emily Blythe Lubin, Southern Poverty Law Center, New Orleans, LA, for Amicus Curiae Orleans Public Defenders.

Clare Pastore, USC Gould School of Law, Los Angeles, CA, for Amicus Curiae Law Enforcement Action Partnership.

Before Graves, Higginson, and Ho, Circuit Judges.


Congress did not provide a statute of limitations for claims brought under 42 U.S.C. § 1983. The Supreme Court held in Owens v. Okure that a forum state's general or residual statute of limitations for personal injury claims applies to Section 1983 claims. 488 U.S. 235

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