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)
Jurisdiction: United States (federal)
Effective Date: 2011-08-24
Original Source: https://www.courtlistener.com/opinion/612506/a-society-without-a-name-v-commo... ↗

Full Text

891 chars

The next issue is whether ASWAN’s ADA, § 1983, and
equal-protection claims are barred by the applicable statute of
limitations. Answering this question requires that we first
determine the limitations period for each type of claim.
8           A SOCIETY WITHOUT A NAME v. VIRGINIA
   Title II of the ADA does not contain a statute of limitations.
Although "Congress enacted a catchall 4-year statute of limi-
tations for actions arising under federal statutes enacted after
December 1, 1990," Jones v. R.R. Donnelley & Sons Co., 541
U.S. 369, 371 (2004) (citing 28 U.S.C. § 1658), the ADA was
enacted on July 26, 1990, see 104 Stat. 327, 327. We there-
fore borrow the state statute of limitations that applies to the
most analogous state-law claim. See 42 U.S.C. § 1988; Wilson
v. Garcia, 471 U.S. 261, 266-67 (1985), partially superseded
by statute as stated in Jones, 541 U.S. at 377-80.

Other Sections in This Document (158)

Full Text