United States Court of Appeals for the Fifth Circuit · 2019-08-19
42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)
Case and law context
Role: applied; posture: civil; mother of an inmate killed by another inmate sued prison officials (state wrongful death and § 1983 failure to protect / medical care); after the one-year period she substituted the decedent's children's tutors as plaintiffs; district court dismissed the amended complaint as time-barred (no relation back); CA5 reversed and remanded; result: remanded; claim:
Uncertainty
Element statute-of-limitations: route: the menu defines relation-back for amendments naming new DEFENDANTS; here the amendment substituted new PLAINTIFFS (Rule 15(c) applied by analogy)
Element statute-of-limitations: basis: decided on a motion to dismiss but with a document outside the pleadings (the Master Record Inquiry) that the panel held could be considered; coded [law] rather than [pleaded]
Misfit
None recorded
B · Case × element grid
Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.
Elements 1–6 of 20
| Case | Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States) | Action taken "under color of" state, territorial, or D.C. law | Deprivation of a right, privilege, or immunity secured by the Constitution and laws | Personal involvement / causal connection ("subjects, or causes to be subjected") | Damages remedy (legacy CASE id; not a prerequisite for prospective relief) | Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan) |
|---|---|---|---|---|---|---|
| Nobre v. Louisiana Department of Public Safety — 935 F.3d 437 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 7–12 of 20
| Case | Common-law absolute immunity (judicial, prosecutorial, legislative, witness functions) | Eleventh Amendment state sovereign immunity bar (official-capacity damages / retrospective relief) | Preiser / Heck v. Humphrey favorable-termination and habeas-exclusivity bar | Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) | Issue preclusion / collateral estoppel from prior state criminal or civil judgment (Allen v. McCurry) | Judicial standing prerequisite, separate from damages remedy |
|---|---|---|---|---|---|---|
| Nobre v. Louisiana Department of Public Safety — 935 F.3d 437 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 13–18 of 20
| Case | Statutory bar on injunctive relief against a judicial officer acting in a judicial capacity (1996 amendment) | Municipal policy or custom as moving force (Monell v. Department of Social Services) | District of Columbia exclusive Act of Congress inclusion clause (1979 amendment) | Rejected extra element: separate proof of "abuse of governmental power" (Collins v. City of Harker Heights) | Federal action / Fifth Amendment claim (outside § 1983 state-law scope) | Collateral-order appellate jurisdiction over interlocutory qualified-immunity denials (Mitchell v. Forsyth; Johnson v. Jones) |
|---|---|---|---|---|---|---|
| Nobre v. Louisiana Department of Public Safety — 935 F.3d 437 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed | · not addressed |
Elements 19–20 of 20
| Case | Appellate preservation / forfeiture of issue not raised in district court | Section 1983 malicious prosecution claim (Fourth Amendment / procedural due process) |
|---|---|---|
| Nobre v. Louisiana Department of Public Safety — 935 F.3d 437 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | · not addressed | · not addressed |
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| Nobre v. Louisiana Department of Public Safety — 935 F.3d 437 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — not reached (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Deprivation of Eighth Amendment right to be free from cruel and unusual punishments | not_reached Excluded from merits counts applied / merits party: Kenneth Cotton, deceased inmate (claims pursued by his children's tutors, Nobre and Guidry); count: failure to protect from inmate attack and to provide timely medical care; subject: party=Kenneth Cotton, deceased inmate (claims pursued by his children's tutors, Nobre and Guidry); count=failure to protect from inmate attack and to provide timely medical care Merits of the failure-to-protect / medical-care claim not addressed; the panel only notes, for jurisdiction, that the complaint states colorable Eighth and Fourteenth Amendment claims, and remands. | Unspecified route | No source quotation recorded for this block. |
| Nobre v. Louisiana Department of Public Safety — 935 F.3d 437 (2019) · United States Court of Appeals for the Fifth Circuit · 2019 — not · law (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)) | Borrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure) | not Counted merits instance applied / merits basis: law; party: Louisiana Department of Corrections and the warden (movants asserting limitations); count: limitations defense to the substituted plaintiffs' wrongful-death and § 1983 claims; subject: party=Louisiana Department of Corrections and the warden (movants asserting limitations); count=limitations defense to the substituted plaintiffs' wrongful-death and § 1983 claims Amended complaint substituting the proper plaintiffs related back under Rule 15(c)(1)(A) and Louisiana's Giroir test, defeating the limitations defense at the motion-to-dismiss stage. | proper plaintiffs (decedent's children) substituted sixteen days after the borrowed one-year period; prison's own record listed the children | Moore's original complaint was filed on September 14, 2016, within the relevant limitation periods; Nobre and Guidry's amended complaint was filed on March 9, 2017, after that period had expired.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0437-01; Unicode character offsets [6224:6419] (end exclusive); SHA-256 c42f026aa15bf95c29605ff54082b4171e737a7e3d26b8b2dcf033e38e1f73e6.In fact, the amended complaint differs from Moore's original pleading only with respect to who is bringing the claims.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0437-01; Unicode character offsets [9732:9850] (end exclusive); SHA-256 c42f026aa15bf95c29605ff54082b4171e737a7e3d26b8b2dcf033e38e1f73e6.The document unambiguously indicates that the Department-which produced and maintained this document-knew of Cotton's two children.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0437-01; Unicode character offsets [11204:11335] (end exclusive); SHA-256 c42f026aa15bf95c29605ff54082b4171e737a7e3d26b8b2dcf033e38e1f73e6.But the defendants present no indication that allowing the amendment to relate back would prejudice their capacity to defend the suit, for example, that they would be deprived of relevant proof.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0437-01; Unicode character offsets [14778:14972] (end exclusive); SHA-256 c42f026aa15bf95c29605ff54082b4171e737a7e3d26b8b2dcf033e38e1f73e6.To determine whether the amended complaint relates back to Moore's original complaint, the court applies Federal Rule of Civil Procedure 15(c)(1).Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0437-01; Unicode character offsets [6420:6566] (end exclusive); SHA-256 c42f026aa15bf95c29605ff54082b4171e737a7e3d26b8b2dcf033e38e1f73e6.It would be allowed to relate back under Louisiana law, and is also allowed to relate back under Rule 15(c)(1).Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0437-01; Unicode character offsets [15253:15364] (end exclusive); SHA-256 c42f026aa15bf95c29605ff54082b4171e737a7e3d26b8b2dcf033e38e1f73e6.We REVERSE the district court's dismissal of Nobre and Guidry's wrongful death and Section 1983 claims as time barred and remand for further proceedings.Source: docroot/ir/caselaw/f3d_935.jsonl#/f3d/935/0437-01; Unicode character offsets [15370:15523] (end exclusive); SHA-256 c42f026aa15bf95c29605ff54082b4171e737a7e3d26b8b2dcf033e38e1f73e6. |