Reed v. Goertz

When a prisoner pursues state post-conviction DNA testing through the state-provided litigation process, the statute of limitations a procedural due process claim under 42 U.S.C. § 1983 begins to run when the state litigation ends. Justice Brett Kavanaugh authored the 6-3 majority opinion holding that, in Reed’s case, the statute of limitations on his § 1983 claim began when the Texas Court of Criminal Appeals denied his motion for rehearing, not when the state trial court denied DNA testing. A statute of limitations begins to run when a plaintiff has “a complete and present cause of action.” When that occurs depends on the cause of action. The violation of procedural due process rights, as Reed alleged in this case, requires two elements: (1) deprivation by state action of a protected interest in life, liberty, or property, and (2) inadequate state process. Thus, a plaintiff has “a complete and present cause of action” for a procedural due process violation not at the time of deprivation, but at the time the state fails to provide due process. In Reed’s case, the State’s alleged failure to provide him with a fundamentally fair process was complete when the state litigation ended and deprived Reed of his asserted liberty interest in DNA testing. Justice Clarence Thomas dissented, arguing that the district court lacked jurisdiction to hear the case for lack of standing. Justice Thomas would dismiss the case on the finding that Reed’s action presents no original Article III case or controversy between him and the district attorney. Justice Samuel Alito authored a dissenting opinion, in which Justice Neil Gorsuch joined, arguing that there are a number of points in the case at which the statute of limitations could begin to run—all before the denial by the Criminal Court of Appeals, and all leading to the conclusion that Reed’s claim is time-barred.