Shawna Marie Spencer v. Elizabeth Weir, et al.

Summary

The United States District Court for the Western District of Oklahoma reviewed objections to a magistrate judge’s recommendation in a 42 U.S.C. § 1983 action brought by Shawna Marie Spencer. The court dismissed the excessive-force claim with prejudice as untimely and dismissed the Fourth Amendment and freedom-of-movement claims without prejudice for failure to adequately allege constitutional violations.

Holdings

1. The excessive-force claim was untimely because the alleged uses of force occurred on May 11 and June 12, 2023, and Plaintiff did not initiate the action until November 26, 2025, after Oklahoma's two-year limitations period had expired.
2. Plaintiff failed to state Fourth Amendment claims because she did not sufficiently allege that probable cause was lacking for the seizure or either vehicle search.
3. Plaintiff failed to state a constitutional claim because she did not identify a federally protected right supporting her asserted freedom of movement to obtain resources, assistance, and work.

Questions Presented

1. Whether Plaintiff's 42 U.S.C. § 1983 excessive-force claim was barred by Oklahoma's two-year statute of limitations.
2. Whether Plaintiff sufficiently alleged that her vehicle seizure and vehicle searches violated the Fourth Amendment by occurring without probable cause.
3. Whether Plaintiff identified a federally protected constitutional right supporting her freedom-of-movement claim.

Disposition

dismissed