Tampico v. Martinez, No. 19-20555 (5th Cir. 2021)
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The Fifth Circuit affirmed the district court's grant of summary judgment on plaintiff's claims because they are barred by the statute of limitations. In this case, plaintiff filed suit against defendant, in his individual capacity, alleging that plaintiff's property had been illegally seized after plaintiff's arrest.
The court concluded that plaintiff failed to file his equitable claim within six years, making his current lawsuit untimely. Even if plaintiff's Federal Rule of Criminal Procedure 41(g) motion was timely, the court explained that that has no bearing on the outcome of this case. Because the court held that plaintiff's equitable claim is time-barred, the court need not address plaintiff's suspicions about whether the government still possesses his property or whether defendant's sworn affidavit is admissible evidence to prove that plaintiff's property had been destroyed. Because Bivens actions are limited by a two-year statute of limitations, plaintiff's Bivens action is also time-barred. Finally, the court concluded that exceptional circumstances do not exist in this case to warrant the appointment of counsel.
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