Mason v. Shreveport

• Court: District Court, W.D. Louisiana
• Decided: August 21, 2023
• Docket: 5:23-cv-00863
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA SHREVEPORT DIVISION

BRENT D. MASON CIVIL ACTION NO. 23-cv-863

VERSUS JUDGE DONALD E. WALTER

CITY OF SHREVEPORT MAGISTRATE JUDGE HORNSBY

REASONS AND JUDGMENT

Plaintiff has filed objections to the Report and Recommendation, asserting that he has claims under the First and Fourteenth Amendments. The Report and Recommendation has already noted that “any state law claims associated with Plaintiff’s termination in December of 2020 are likely time-barred under the one-year limitations period that Louisiana applies to delictual actions. La. Civ. Code art. 3492.” Record Document 3 at 2. Plaintiff’s civil service hearings were in 2020 and 2021, but he did not file suit until 2023. A civil rights claim under 42 U.S.C. § 1983 that is filed in a Louisiana court must be brought within a one-year limitations period that 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. See Stringer v. Town of Jonesboro, 986 F.3d 502, 510 (5th Cir. 2021); Elzy v. Roberson, 868 F.2d 793 (5th Cir. 1989). Thus, any Section 1983 claims are also time-barred. Accordingly, for the reasons above and those assigned in the Report and Recommendation of the Magistrate Judge previously filed herein, and having thoroughly reviewed the record, including the written objections filed, and concurring with the findings of the Magistrate Judge under the applicable law; IT IS ORDERED that Plaintiff's complaint, including all federal and state claims, is DISMISSED WITH PREJUDICE as untimely. THUS DONE AND SIGNED at Shreveport, Louisiana, this the 18th day of August, 2023. k Deiat bu. E, eel/ UNITED STATES DISTRICT JUDGE