Reed v. Goertz, No. 19-70022 (5th Cir. 2021)Annotate this Case
Plaintiff, convicted of capital murder in 1998, filed a 42 U.S.C. 1983 action challenging the constitutionality of the Texas postconviction DNA testing statute and seeking to compel the Texas officials to release the items he wishes to test.
After determining that it had jurisdiction to hear the appeal and that the Rooker-Feldman doctrine does not apply, the Fifth Circuit affirmed the district court's dismissal of plaintiff's claim, concluding that plaintiff's claim is barred by the statute of limitations. In this case, plaintiff knew or should have known of his alleged injury in November 2014, five years before he brought his section 1983 claim, and thus his claim is time-barred.