* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-10583

Summary Calendar

BILLIE JEAN VERDI,

Plaintiff–Appellant,

v.

STATE OF TEXAS; CLAY COUNTY, TEXAS; TX WICHITA COUNTY; BUD

GARRETT; TOY WASHINGTON; EVERETT HENDRICKS; WILLIAM R.

GERTH; TIM KING; DERYL KNOWLES; ED DANIELS; LARRY KING;

DEAN TACKETT,

Defendants–Appellees.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 7:06-CV-156

Before KING, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:*

Billie Jean Verdi seeks damages and injunctive relief for the death of her

twelve-year-old son in July 1985. While the death certificate identifies the cause

of death as “Multiple Injuries Due to [Train] Accident,” Verdi claims that

Defendants, law-enforcement personnel, tortured and murdered her son and

United States Court of Appeals

Fifth Circuit

F I L E D

October 15, 2008

Charles R. Fulbruge III

Clerk
No. 08-10583

1 Wallace v. Kato, 127 S. Ct. 1091, 1094 (2007) (citing Owens v. Okure, 488 U.S. 235,

249-50 (1989) and Wilson v. Garcia, 471 U.S. 261, 279-80 (1985)).

2 TEX. CIV. PRAC. & REM. CODE ANN. § 16.003(b) (Vernon Supp. 2008).

3 Wallace, 127 S. Ct. at 1095.

4

Id. (alteration in original) (quoting Bay Area Laundry & Dry Cleaning Pension Trust

Fund v. Ferbar Corp. of Cal., 522 U.S. 192, 201 (1997) (internal quotation marks omitted)).

5

Id. (quoting Bay Area Laundry, 522 U.S. at 201).

2

photographed such events. Verdi states that she acquired these photographs on

September 13, 2004, but she filed her pro se complaint alleging injury under 42

U.S.C. § 1983 on September 20, 2006. The district court found that the causes

of action under both federal and state law were barred by the applicable statutes

of limitations and dismissed the complaint with prejudice. Verdi now appeals.

The Supreme Court has held, “Section 1983 provides a federal cause of

action, but in several respects relevant here federal law looks to the law of the

State in which the cause of action arose. This is so for the length of the statute

of limitations: It is that which the State provides for personal-injury torts.”1In

Texas, the limitations period in an action for injury resulting in death is two

years.2

While we look to state law for the length of the statute of limitations, “the

accrual date of a § 1983 cause of action is a question of federal law that is not

resolved by reference to state law.”3 Under federal law, “it is ‘the standard rule

that [accrual occurs] when the plaintiff has a complete and present cause of

action.’”4 A plaintiff has “a complete and present cause of action” when “‘the

plaintiff can file suit and obtain relief.’”5

There is no dispute that Verdi had all the information needed to file suit

no later than September 13, 2004, when she came into possession of the

allegedly incriminating photographs. However, Verdi filed suit on September

20, 2006, at least two years and seven days from the date she had a “complete
No. 08-10583

3

and present cause of action.” Knowing that the applicable statute of limitations

is two years, Verdi admits in her brief that she filed her complaint “7 days late.”

Accordingly, Verdi’s claims under 42 U.S.C. § 1983 are time barred. 

As the district court discussed,the same statute of limitations would apply

to any state-law claim. Thus, to the extent Verdi seeks redress under

substantive state law, those claims would also be time barred. 

AFFIRMED.