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Douglas Bruce v. City of Miamisburg, Ohio

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 23-3080 · judgment October 11, 2023


Certiorari denied · April 1, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether under existing due process law, the statute of limitations on a Section 1983 claim for the unconstitutional deprivation of private property can begin to run when the plaintiff has no actual notice that the municipality has taken his real property? And further, is a real property owner under an affirmative obligation to visit his property on a regular basis to ensure that a municipality has not taken his property without notice? And finally, should this Court adopt a standard nationwide statute of limitations for Section 1983 claims?

Counsel of record

For petitioner
Aaron Christopher Garrett
Nonprofit Legal Services of Utah

For respondent
Christopher T. Herman
Surdyk, Dowd & Turner Co., L.P.A.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 01 2024
    Petition DENIED.
  2. Mar 12 2024
    DISTRIBUTED for Conference of 3/28/2024.
  3. Mar 01 2024
    Waiver of right of respondent City of Miamisburg, Ohio to respond filed.
  4. Feb 09 2024
    Petition for a writ of certiorari filed. (Response due March 18, 2024)