Thomson v. State Highway Commission

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that certain Fourth Amendment claims accrue at the time of the violation
• holding illegal search claims were not subject to deferred accrual under Heck
• rejecting plaintiffs’ argument that Fourth Amendment claims do not accrue until a “favorable-termination” is achieved
• “Dressing a Fourth Amendment claim up in due process language does not transform it into a Fourteenth Amendment claim.” (citing Gerstein v. Pugh, 420 U.S. 103, 125 n.27 (1975))
• rejecting argument that illegal search claims were subject to deferred accrual under Heck
• “[G]eneral common-law principles, without regard to West Virginia’s law, determine when the claim accrues and when the statute of limitations begins to run.”

Source: CourtListener parenthetical corpus (CC0).