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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation
A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document
A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Effective Date
2011-08-24

Other Sections in This Document (158)

Full Text

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The applicable statute of limitations begins to run once a claim accrues, and federal law controls that determination. Cox v. Stanton, 529 F.2d 47, 50 (4th Cir.1975). A civil rights claim accrues when the plaintiff “knows or has reason to know of the injury which is the basis of the action.” Id. At the very latest, ASWAN knew or should have known of its purported injury stemming from the alleged conspiracy to relocate homeless services from downtown to Oliver Hill Way when the Conrad Center opened on February 5, 2007. So even for the claims with a two-year limitations period, ASWAN’S suit should have been filed no later than February 5, 2009. Because ASWAN’S complaint was not filed until February 17, 2009, those claims are time barred.