Young v. Crofts
Opinion of the Court
MEMORANDUM
Tuition in the Montana University System is lower for Montana residents than for out-of-state enrollees.
However, Plaintiffs’ claims are barred by the statute of limitations. Plaintiffs’ claims accrued outside of the limitation period because Plaintiffs had reason to know of their claims when Plaintiffs were denied, formally or informally, in-state residency status and gained the impression that the denial was based solely on their status as full-time students. See Hoesterey v. City of Cathedral City, 945 F.2d 317, 319 (9th Cir. 1991) (holding that the statute of limitations commences when the plaintiff “would have notice of all the allegedly wrongful acts that he later sought to challenge”). Plaintiffs’ alleged injuries are discrete, rather than continuing in nature, and thus no continuing violation of their rights occurred to extend the limitations period. See Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002); Del. State Coll. v. Ricks, 449 U.S. 250, 258, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980). Plaintiffs do not present any evidence that Plaintiffs Young or Bocks made any further effort to contest their residency status within the limitations period. Because Plaintiffs could not possibly be reclassified as residents unless they made some effort to reapply or appeal their classification, the payment of non-residency tuition each semester is “a delayed, but inevitable, consequence” of the original denial, and not a “separate and independent violation” of their due process rights. See Knox v. Davis, 260 F.3d 1009, 1014 (9th Cir. 2001).
AFFIRMED
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. Because the facts are familiar to the parties, we do not recite them here except as necessary to understand our decision.
. Although Plaintiffs contend that the doctrine of Vlandis has been eroded and that it need not be followed, the Supreme Court has never overruled Vlandis. We therefore must apply it as binding precedent. See Agostini v. Felton, 521 U.S. 203, 207, 117 S.Ct. 1997, 138 L.Ed.2d 391 (1997) (citing Rodriguez de Quijas v. Shearson/American Express, Inc., 490 U.S. 477, 484, 109 S.Ct. 1917, 104 L.Ed.2d 526 (1989)) (directing lower courts to "leav[e] to this Court the prerogative of overruling its own decisions”); see also Carlson v. Reed, 249 F.3d 876, 881-882 (9th Cir. 2001) (holding
. The allegedly irrebuttable presumption applied by Defendants may have made any subsequent application or appeals futile, such that Plaintiffs are not required to apply or reapply formally. See Young v. Crofts, 64 Fed.Appx. 24, 26 (9th Cir. 2003). However, the futility of any such application or later appeals only reinforces the conclusion that Plaintiffs had reason to know of the constitutional violation when they first learned of the alleged irrebuttable presumption, and thus the limitations period started at that time.
Reference
- Full Case Name
- Quincy YOUNG Megan Bocks v. Richard A. CROFTS, Commissioner of Higher Education Montana, State of, University System Patrick Davison
- Cited By
- 1 case
- Status
- Published