James Humphrey v. Eureka Gardens Public Facility
Opinion
Husband and wife James and Ollie Humphrey appeal after the district court
1
dismissed their
I. Background
In 2009, the Eureka Gardens Public Facility Board (Board) decided that a new *1081 sewer system would be constructed in the Eureka Gardens community, located near the City of North Little Rock, Arkansas. An engineer's report initially proposed that gravity sewer systems be installed at all Eureka Gardens residences. The Board submitted that report to the U.S. Department of Agriculture (USDA), and the USDA approved funding to assist with construction of the system, subject to USDA approval of any changes to the engineer's initial design. The design was subsequently changed such that five residences would receive grinder sewer systems instead. Unlike gravity systems, grinder systems use electric-powered pumps, making them more expensive to operate and maintain. African-American families lived at four of the five residences that were to receive grinder systems under the modified plan.
The Humphreys, who are African-American, own two of the Eureka Gardens residences that were designated to receive grinder systems. In October 2011, they signed a contract, which provided that grinder pumps would be installed at each of their Eureka Gardens properties. In the contract, the Board agreed to install the grinder pumps as well as lines connecting the pumps to the sewer system's main sewage lines, and to do so at no cost to the Humphreys. In return, the Humphreys agreed to install electrical lines to power each pump and to maintain the pumps once they were installed. Construction of the new sewer system was completed in November 2013. The City of North Little Rock Wastewater Department (NLRWD) operates, maintains, and repairs the new sewer system, and it charges all residents of Eureka Gardens-including the Humphreys and the other grinder pump recipients-a uniform rate to do so. It does not operate, maintain, or repair the grinder pumps.
In May 2016, the Humphreys filed this lawsuit against the Board; Board Chairman C. Ray Roberts; the City of North Little Rock; Michael Marlar, the engineer who designed the sewer system; Marlar Engineering Company; and the USDA (collectively, Defendants). In their verified complaint, as amended, the Humphreys assert that Defendants violated their constitutional rights to procedural due process, substantive due process, and equal protection. Defendants filed a motion to dismiss the complaint as time-barred under Federal Rule of Civil Procedure 12(b)(6), which the district court granted.
II. Discussion
"A court may dismiss a claim under Rule 12(b)(6) as barred by the statute of limitations if the complaint itself establishes that the claim is time-barred."
Illig v. Union Elec. Co.
,
*1082
Wallace v. Kato
,
Our resolution of this dispute is guided by
Delaware State College v. Ricks
,
Applying the same principles here, the Humphreys' claims accrued in October 2011, when they were notified of the allegedly discriminatory decision to install the grinder systems instead of gravity systems at their residences. The installation of the pumps and the Humphreys' continuing responsibility for the additional expenses they entail, like the professor's ultimate termination in Ricks , are delayed, but inevitable, consequences of that decision.
According to the Humphreys, their claims did not accrue in October 2011, because they lacked standing to bring their claims at that time. We disagree. When the Humphreys learned of the allegedly discriminatory decision in October 2011, they could have sought declaratory or injunctive relief, and later added demands for compensatory damages once they incurred actual financial harm.
See
Chardon
,
In an effort to avoid the accrual rule established in
Ricks
and
Chardon
, the Humphreys characterize their ongoing obligation to power and maintain their grinder pumps as a continuing constitutional violation. In their view, the clock on the three-year limitations period resets each time they are charged NLRWD's uniform rate or pay to power and maintain their grinder pumps. They point to
Bazemore v. Friday
, an employment discrimination case in which African-American plaintiffs alleged they were being paid less than their similarly-situated white peers pursuant to a discriminatory compensation scheme.
Not every plaintiff is deemed to have permanently sacrificed his or her right to obtain injunctive relief merely because the statute of limitations has run as measured from the onset of the objected-to condition or policy. ... This is particularly true where it is appropriate to describe each new day under an objected-to policy as comprising a new or continuing violation of rights, as in the context of an Eighth Amendment claim for cruel or unusual punishment or a discrimination claim alleging ongoing implementation of a discriminatory wage scheme.
III. Conclusion
The Humphreys' claims are time-barred because they accrued in October 2011, the limitations period expired in October 2014, and the Humphreys did not file this lawsuit until May 2016. Accordingly, the judgment is affirmed.
The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas.
Reference
- Full Case Name
- James HUMPHREY; Ollie Humphrey Plaintiffs-Appellants v. EUREKA GARDENS PUBLIC FACILITY BOARD; C. Ray Roberts ; City of North Little Rock, by and Through Its Wastewater Department; Michael Marlar; Marlar Engineering Company Inc., Defendants-Appellees Department of Agriculture, Defendant Lawrence McCullough, Arkansas State Director for the U.S. Department of Agriculture, Defendant-Appellee
- Cited By
- 61 cases
- Status
- Published