Doe v. United States, No. 16-20567 (5th Cir. 2017)Annotate this Case
Plaintiff filed suit against the United States, alleging that the Government violated his Fifth Amendment due process rights by accusing him of a crime during the course of a criminal proceeding in which he was not named a defendant. The district court granted the Government's motion to dismiss. The court concluded that plaintiff's claim accrued when the Government purportedly accused him of criminal activity without indicting him. The court reasoned that to the extent that Doe's failure to initiate suit within the limitations period was the result of his mistaken belief that he could not file suit because his claim had not yet accrued, a mistake of this nature does not provide a valid basis for tolling. Therefore, the continuing violation doctrine was inapplicable here and the statute of limitations barred review of the statements made in 2008 as well as 2012. Finally, the court noted that amending the complaint would be futile. Accordingly, the court affirmed the judgment.
The court issued a Revised version of this opinion on April 12, 2017.