Foddrill v. McManus, No. SA-13-CV-51-XR, slip op. (W.D. Tex. Nov. 26, 2013)(Rodriguez, J.)

Motions for reconsideration rarely yield a different result.  This opinion is one of those rarities.  Foddrill claimed that San Antonio violated his constitutional rights by issuing a Criminal Trespass Warning (CTW) banning him from city properties from July 1, 2009 through April 1, 2013.  Slip op. at 1.  A month before the ban expire, Foddrill filed this pro se section 1983 action.  Id.  The District Court denied the defendants’ Rule 12(b)(6) motion, rejecting their argument that Foddrill’s claims were barred by the applicable two-year statute of limitations.  The District Court concluded that Foddrill’s claims were subject to the continuing violation doctrine, which tolls limitations until the challenged conduct ceases.  Id. at 2.  In this opinion, the District Court determined the doctrine was inapplicable and dismissed Foddrill’s claims.  Id. at 2-8.