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Mapes v. Bishop

United States Court of Appeals, Fifth Circuit
Aug 22, 2008
541 F.3d 582 (5th Cir. 2008)

Summary

holding that pro se litigants must brief arguments in order to preserve them

Summary of this case from Gregory v. McKennon

Opinion

No. 06-30559 Summary Calendar.

August 22, 2008.

Norman Mapes, Prairieville, LA, pro se.

Mary E. Roper, Baton Rouge, LA, for Bishop, Wenneman, Stelly and City of Baton Rouge.

James Leslie Hilburn, Baton Rouge, LA, for Simpson, Englade, Cranford, Ponder, Jackson, Robert and Jones.

Appeal from the United States District Court for the Middle District of Louisiana.

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.


We sua sponte recall the mandate, withdraw the prior panel opinion, Mapes v. Bishop, 242 Fed.Appx. 142 (5th Cir. 2007), in its entirety, and substitute the following:

Norman Mapes appeals the dismissal of two consolidated civil rights actions brought under 42 U.S.C. § 1983 in which he alleged that police officers, the police chief, the City of Baton Rouge ("City"), and employees of the parish attorney's and prosecuting attorney's offices violated his constitutional rights by falsely arresting him and maliciously prosecuting him on a charge of soliciting a prostitute.

In No. 3:03-CV-67, the District Court held that the applicable one-year Louisiana statute of limitations for personal injury actions barred Mapes's false arrest claim against the City and police officer defendants Jameson Bishop, Patrick Wenneman, and Ken Stelly. We review the District Court's conclusion that Mapes's claim is time-barred de novo. Price v. City of San Antonio, Tex., 431 F.3d 890, 892 (5th Cir. 2005).

The District Court held that the statute of limitations began to run when Mapes was arrested on April 13, 2001, and, as a result, expired before Mapes filed his complaint on January 27, 2003. Mapes's sole argument on appeal is that the District Court erred in dismissing the false arrest claim against these defendants because his false arrest claim did not accrue until the prosecution terminated in his favor on January 25, 2002. Neither the District Court nor Mapes were correct.

The "statute of limitations upon a § 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process." Wallace v. Koto, 549 U.S. 384, 127 S.Ct. 1091, 1100, 166 L.Ed.2d 973 (2007). To the extent that Wallace conflicts with our decision in Brandley v. Keeshan, 64 F.3d 196 (5th Cir. 1995) (holding that a false arrest cause of action accrues when the criminal prosecution terminates in favor of the accused), Wallace abrogates Brandley.

Mapes filed his § 1983 complaint exactly one year after the criminal prosecution terminated in his favor. The date on which Mapes became detained pursuant to legal process does not appear in the record. It is difficult to see how Mapes's complaint could be timely because the date on which he was detained pursuant to legal process must have preceded the date on which proceedings terminated. Nevertheless, we vacate and remand to the District Court to determine the date on which Mapes was detained pursuant to legal process.

Mapes briefs no argument concerning the claims that were dismissed in No. 3:04-CV-443. He also fails to brief any claim in No. 3:03-CV-67 other than his false arrest claim. Although pro se briefs are afforded liberal construction, see Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), even pro se litigants must brief arguments in order to preserve them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); FED. R.APP. P. 28(a)(9). Accordingly, Mapes's remaining claims are effectively abandoned. Yohey, 985 F.2d at 224-25.

VACATED AND REMANDED AS TO FALSE-ARREST CLAIM IN NO. 3:03-CV-67; AFFIRMED AS TO ALL OTHER CLAIMS.


Summaries of

Mapes v. Bishop

United States Court of Appeals, Fifth Circuit
Aug 22, 2008
541 F.3d 582 (5th Cir. 2008)

holding that pro se litigants must brief arguments in order to preserve them

Summary of this case from Gregory v. McKennon

holding “even pro se litigants must brief arguments in order to preserve them”

Summary of this case from Wright v. City of Hous.

holding that a false arrest claim under federal law accrued when the arrestee was detained pursuant to the legal process

Summary of this case from West v. City of New Roads

finding that a litigant's claims are "effectively abandoned" when he fails to make the arguments in the body of his appellate brief

Summary of this case from Johnson v. Samsung Elecs. Am., Inc.

recognizing that even pro se litigants must brief arguments in order to maintain them

Summary of this case from Amos v. Jefferson

discussing the effect of Wallace v. Kato , 549 U.S. 384, 127 S.Ct. 1091, 166 L.Ed.2d 973 on Brandley v. Keeshan , 64 F.3d 196 (5th Cir. 1995)

Summary of this case from Bradley v. Sheriff's Dep't St. Landry Par.

providing that to preserve an issue for appeal, even pro se litigants must brief an argument

Summary of this case from Sorrow v. Collier

involving a malicious-prosecution claim

Summary of this case from Westfall v. Luna

In Mapes v. Bishop, 541 F.3d 582, 584 (5th Cir. 2008), the Fifth Circuit held that Wallace abrogated its previous finding that a false arrest claim accrued upon favorable termination of the underlying criminal proceeding.

Summary of this case from Mills v. City of Bogalusa

In Mapes v. Bishop, 541 F.3d 582, 584 (5th Cir. 2008), the Fifth Circuit recognized that, to the extent Wallace conflicts with the Fifth Circuit's decision in Brandley, Wallace abrogated Brandley. Two district courts in the Fifth Circuit have ruled that the limitations tolling principle announced in Brandley and followed in Price was abrogated by Wallace.

Summary of this case from LeBlanc v. City of Haltom City
Case details for

Mapes v. Bishop

Case Details

Full title:Norman MAPES, Plaintiff-Appellant, v. Jameson BISHOP; Patrick Wenneman…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 22, 2008

Citations

541 F.3d 582 (5th Cir. 2008)

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