Philip G. Potter v. Incorporated Village of Ocean Beach, New York, et al.
SocialSecurity DueProcess Takings JusticiabilityDoctri
1. Just two Terms ago, this Court held that the statute of limitations for a procedural due process claim under 42 U.S.C. §1983 begins to run "only when 'the State fails to provide due process'" for the deprivation of a constitutionally protected right—that is, when the allegedly inadequate state proceedings conclude. Reed v. Goertz, 598 U.S. 230, 236 (2023). If such claims accrued as soon as the State first deprived the plaintiff of "life, liberty, or property," litigants would be forced to "pursue relief in the state system and simultaneously file a protective federal § 1983 suit challenging that ongoing state process." Id. at 236-237. Such "parallel litigation would 'run counter to core principles of federalism, comity, consistency, and judicial economy." Ibid. Yet at least five circuits continue to apply the very rule this Court rejected to procedural due process claims in land-use cases, including this one.
Whether the statute of limitations for a procedural due process claim under 42 U.S.C. §1983 begins to run only after state proceedings challenging a property deprivation have concluded