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Smart Summary

Factual and Procedural Background

In 1981, Sybil M. Alford filed a lawsuit in the United States District Court against the United States of America seeking $10 million in damages. She alleged that between 1967 and 1971, the Federal Bureau of Investigation (FBI) conducted investigations and surveillance on her due to her purported involvement in subversive activities. Alford claimed these FBI actions violated her constitutional rights under the Fourth and Fifth Amendments. The district court dismissed her action, applying Louisiana's one-year prescriptive statute of limitations. This appeal challenges that dismissal.

Legal Issues Presented

  1. Whether a Bivens-type claim against federal agents for constitutional violations is governed by a federal statute of limitations or by the applicable state statute of limitations.
  2. If the state statute of limitations applies, whether the one-year Louisiana prescriptive period or the ten-year catch-all prescriptive period governs the claim.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971) Established the basis for non-statutory claims against federal agents for constitutional violations. Recognized the claim as a Bivens-type action lacking a specific federal statute of limitations.
United Klans of America v. McGovern, 621 F.2d 152 (5th Cir. 1980) Held that Bivens-type claims against FBI agents are governed by applicable state statutes of limitations. Controlled the court’s decision to apply Louisiana’s state prescriptive statutes rather than a federal statute.
O'Sullivan v. Felix, 233 U.S. 318 (1914) Clarified that state statutes of limitations apply generally to wrongs committed by persons against others. Supported application of Louisiana’s one-year prescriptive statute to constitutional wrongs alleged here.
Proctor v. Flex, 567 F.2d 635 (5th Cir. 1978) Confirmed the application of state prescriptive statutes to non-contractual wrongs. Further reinforced the court’s conclusion that the one-year prescription applies.
Hurie Jones v. Orleans Parish School Board, 688 F.2d 342 (5th Cir. 1982) Held that the Louisiana one-year prescription applies to alleged wrongs by state officials. Used as recent authority to validate the application of the one-year prescriptive period to claims of constitutional violations by government agents.

Court's Reasoning and Analysis

The court recognized that the claim against the FBI is a Bivens-type cause of action, which lacks a specific federal statute of limitations. Rather than creating a uniform federal limitations period, the court adhered to its prior ruling in United Klans of America v. McGovern, which mandates applying the relevant state statute of limitations to such claims. Reviewing Louisiana law, the court determined that the one-year prescriptive period under Louisiana Civil Code article 3536 applies to actions arising from offenses or quasi-offenses, encompassing constitutional wrongs alleged here. The court rejected the appellant’s argument favoring the ten-year catch-all prescriptive period, emphasizing that Louisiana law does not distinguish constitutional violations from other personal wrongs for purposes of prescription. The court relied on established precedent to affirm that the one-year prescription had expired before the filing of the suit, thus justifying dismissal.

Holding and Implications

AFFIRMED.

The court affirmed the district court’s dismissal of the action on the basis that the applicable one-year Louisiana prescriptive statute of limitations barred the claim. This decision means that the plaintiff’s constitutional claims against the FBI agents were untimely and cannot proceed. The ruling does not establish new precedent but follows existing Fifth Circuit authority on the application of state statutes of limitations to Bivens-type claims. The direct effect is the final resolution of this suit in favor of the United States government.

SYBIL M. ALFORD, PLAINTIFF-APPELLANT, v. THE UNITED STATES OF AMERICA, DEFENDANT-APPELLEE.

PER CURIAM:

In 1981 Sybil M. Alford filed suit in the United States District Court against the United States of America for $10 million. She alleged that between 1967 and 1971 the government, through the Federal Bureau of Investigation, conducted investigations and surveillances of her in connection with her purported involvement in subversive activities. She charges the activities of the FBI were a violation of her constitutional rights under the Fourth and Fifth Amendments.

These facts reveal that we are faced here with a Bivens-type claim against the Federal Bureau of Investigation. These claims have no statutory foundation and are based solely upon the assertion that federal agents directly interfered with the constitutional rights of the plaintiff filing the claim. Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).

The district court dismissed the action on the ground that the Louisiana state prescriptive statute applied, and the one-year provision was the one applicable. We affirm.

Because this is a non-statutory cause of action, we cannot find in the federal law a specific statute of limitations to govern this kind of case. To the contention of appellant that we should establish a uniform federal statute by judicial decision, we reply that this argument has already been rejected by this Court. Our decision in this case is controlled by the prior authority of United Klans of America v. McGovern, 621 F.2d 152 (5th Cir. 1980). In that case, we held that a Bivens-type action against agents of the Federal Bureau of Investigation is controlled by the applicable state statute of limitations.

We look then to the Louisiana prescription statutes. Appellant urges that the catch-all statute setting a prescriptive period of ten years applies. L.C.C. art. 3544. We are in agreement with the district court, however, in holding that the one-year prescriptive statute, L.C.C. art. 3536, is applicable to this claim. That provision is applicable to actions ". . . resulting from offenses or quasi-offenses." The general wrongs, not sounding in contract, which are committed by persons against other persons are clearly intended under Louisiana law to be covered by the one-year prescriptive period. This action claiming constitutional wrongs by agents of the FBI fits into that statutory mandate. The Louisiana statute does not make a distinction between wrongs grounded in constitutional rights and other wrongs committed by one person against another. O'Sullivan v. Felix, 233 U.S. 318, 323, 34 S.Ct. 596, 598, 58 L.Ed. 980 (1914). Proctor v. Flex, 567 F.2d 635, 636 (5th Cir. 1978). See also the recent decision of this Court in Hurie Jones v. Orleans Parish School Board, 688 F.2d 342, 344 (5th Cir. 1982), in which on rehearing we withdrew our earlier opinion and held that the Louisiana one-year prescription applied to an alleged wrong committed against a public school teacher by the Louisiana officials who were his employer.

We conclude, therefore, that prescription had run before the filing of appellant's claim against the government officials for alleged unconstitutional acts of investigation and surveillance. The district court having so held, the holding is

AFFIRMED.

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ALFORD v. UNITED STATES
(Dec 13, 1982)