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... ↗

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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 pur-
ported injury stemming from the alleged conspiracy to relo-
cate 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.

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