Statute of Limitations Defeats Equal Protection Claim

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Plaintiff Sat on Her Rights and Lost Them

Sharon Motley appealed the district court’s dismissal of her putative class action brought against Hal Taylor Secretary of the Alabama Law Enforcement Agency (“ALEA”) for failing to warn her that her drivers license was suspended. In Sharon Motley, on behalf of herself and those similarly situated v. Hal Taylor, No. 20-11688, USCA, Eleventh Circuit (May 12, 2022)

FACTUAL BACKGROUND

The Montgomery County District Court ordered Motley to pay fines and court costs after she pled guilty to a traffic ticket. Motley’s driver’s license was suspended for failure to pay her fines. She had not received prior notice that her driver’s license would be suspended if she did not pay the ticket. 

Motley’s Lawsuit

Motley sued Taylor in his official capacity, seeking declaratory and injunctive relief on behalf of herself and a putative class of “[a]ll individuals whose driver’s licenses are suspended for nonpayment of traffic tickets.”

The district court (1) denied Taylor’s motion to dismiss to the extent it was based on the statute of limitations but (2) granted Taylor’s motion to dismiss for failure to state a claim on the merits.

DISCUSSION

The statute of limitations begins to run on the date where the facts which would support a cause of action are apparent or should be apparent to a person with a reasonably prudent regard for his rights.

Motley’s two-year clock began to run sometime before July 3, 2017, and her claim was time-barred unless an exception to the statute of limitation applies.

IS THERE AN EXCEPTION TO THE STATUTE

The continuing violation doctrine is not triggered merely because the harm caused by the defendant’s action continues after the limitations period.

The court concluded that all of Motley’s alleged injuries stem from the 2013 suspension of her driver’s license accordingly, her claim is time-barred.

ZALMA OPINION

Stale claims make it impossible for a court to deal fairly with an allegation of wrongdoing because witnesses either forget or are unavailable to testify. Motley, perhaps because the suit was frivolous, waited four years after the accrual of a cause of action to sue and, therefore, her case was dismissed and the trial court’s decision was affirmed.

(c) 2022 Barry Zalma & ClaimSchool, Inc.

Barry Zalma, Esq., CFE,  is available at http://www.zalma.com and [email protected].

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