Dontay Mack v. OFC Sean Burnett, et al.

Summary

The United States District Court for the Eastern District of Pennsylvania dismissed Dontay Mack’s amended 42 U.S.C. § 1983 complaint concerning an alleged warrantless search of a safe and deprivation of property. The court held that the claims were barred by Pennsylvania’s two-year statute of limitations and denied leave to amend because the untimeliness could not be cured.

Holdings

1. Mack's Fourth Amendment search-and-seizure, Fifth Amendment property-deprivation, and Fourteenth Amendment due-process claims were untimely because § 1983 claims in Pennsylvania are subject to a two-year limitations period and the alleged conduct occurred in December 2020, while the action was not filed until July 31, 2025.
2. Even assuming the claims accrued when Mack's property was returned at the conclusion of the return-of-property proceedings on April 28, 2022, the claims were still untimely because Mack did not file suit until July 31, 2025.
3. Further leave to amend was denied because the untimeliness of Mack's claims could not be cured by amendment.

Questions Presented

1. Whether Mack's § 1983 claims arising from the alleged search, seizure, and deprivation of property were barred by Pennsylvania's two-year statute of limitations.
2. Whether the claims accrued when the search, seizure, and alleged deprivation occurred or instead when Mack's property was returned through property-return proceedings.
3. Whether Mack should be granted further leave to amend.

Disposition

dismissed