Where a civil rights class action has been brought under 42 U.S.C. 1983 alleging that the plaintiffs were subjected to unconstitutional strip searches between 2014 and 2022, some of the plaintiffs’ individual claims must be dismissed as untimely.
“Plaintiffs 126 women who were formerly incarcerated at the Wayne County Jail filed this civil rights class action under 42 U.S.C. 1983, alleging that they were subjected to unconstitutional strip searches between 2014 and 2022. This is not the first case to challenge the constitutionality of the Wayne County Jail’s strip searching practices. Indeed, the present case follows a series of putative class actions, the most recent of which was Woodall v. County of Wayne , No. 17-13707 (E.D. Mich. filed Nov. 14, 2017). There, the Sixth Circuit reversed the district court’s grant of class certification, see Woodall v. Wayne County , No. 20-1705, 2021 WL 5298537, at *4 (6th Cir. Nov. 15, 2021), and the case was dismissed on April 27, 2023, after the individual plaintiffs settled their claims, see Woodall , No. 17-13707, ECF No. 186 (stipulating dismissal). Undoubtedly aware of the looming statute of limitations issues, counsel filed the present suit the same day Woodall was dismissed making it the fourth putative class action of its kind.
“Plaintiffs seek class-wide and individual relief. Defendants have moved to dismiss most of the Plaintiffs’ claims as untimely. The parties dispute whether, due to the string of putative class actions preceding this one, the statute of limitations was tolled as to these Plaintiffs’ claims and, if so, when that tolling ceased.
“For the reasons below, the Court dismisses some of the Plaintiffs’ individual claims as untimely.
“In sum, Plaintiffs’ individual claims were tolled from the date Woodall was filed on November 14, 2017, until class certification was denied on November 15, 2021. In turn, the statute of limitations on those claims then ran from November 15, 2021, until the present lawsuit was filed on April 27, 2023 or 528 days. Subtracting those 528 days from the three-year (or 1,095-day) statute of limitations, leaves 567 days on the clock. And 567 days before November 14, 2017 the date Woodall was filed and tolling commenced is April 27, 2016. For purposes of this lawsuit, that was the last day a timely individual claim could have accrued.
“Thus, absent equitable tolling, the 26 named Plaintiffs whose individual claims accrued before April 27, 2016, must be dismissed.
“Plaintiffs, however, have no viable claim for equitable tolling.
“In short, the Court’s prior Woodall opinion did not create any confusion as to when American Pipe tolling ceased, nor were Plaintiffs confused. Thus, Plaintiffs’ request for equitable tolling is denied. And the claims of the 26 Plaintiffs whose strip searches were before April 27, 2016, given their incarceration dates, are dismissed as untimely.
“Accordingly, Defendants’ motion to dismiss is GRANTED IN PART AND DENIED IN PART such that the 26 Plaintiffs who were released from jail before April 27, 2016, as listed in Appendix A, are dismissed from this action.”
Harris v. County of Wayne; MiLW 02-107984, 18 pages; U.S. District Court for the Eastern District of Michigan; Michelson, J.
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