wilson garcia argued january decided april respondent brought action federal district petitioners new mexico state police officer chief state police seeking damages deprivation respondent constitutional rights allegedly caused unlawful arrest brutal beating officer complaint filed two years nine months claim purportedly arose petitioners moved dismiss ground action barred statute limitations new mexico tort claims act district denied motion holding new mexico statute providing limitations period actions herein otherwise provided applied actions brought state interlocutory appeal appeals affirmed denial motion dismiss held appropriate statute limitations actions brought new mexico new mexico statute providing limitations period personal injury actions held section claims best characterized personal injury actions hence appeals correctly applied statute limitations applicable actions pp federal rather state law governs characterization claim statute limitations purposes conclusion supported federal interest uniformity interest firmly defined easily applied rules language law applied adjudicating civil rights claims shall conformity laws far laws suitable directs matter characterization treated federal question length limitations period related questions tolling application governed state law interpretation also supported instruction state law shall apply far inconsistent federal law pp simple broad characterization claims statute limitation purposes rather differing evaluations depending upon varying factual circumstances legal theories presented case best fits statute remedial purposes statute fairly construed directive select state one appropriate statute limitations claims federal interests uniformity certainty minimization unnecessary litigation support conclusion congress favored simple approach pp case characterization claim personal injury action statute limitations purposes supported nature remedy federal interest ensuring borrowed limitations period discriminate federal civil rights remedy characterization actions involving claims personal injuries minimizes risk choice state statute limitations fairly serve federal interests vindicated pp stevens delivered opinion burger brennan white marshall blackmun rehnquist joined filed dissenting opinion post powell took part consideration decision case bruce hall argued cause petitioners briefs diane fisher ben allen steven farber appointment argued cause respondent brief richard rosenstock robert macy filed brief oklahoma county amicus curiae urging reversal justice stevens delivered opinion case must determine appropriate state statute limitations apply claims enforceable civil rights act codified present form january respondent brought action district district new mexico seeking money damages compensate deprivation civil rights guaranteed fourth fifth fourteenth amendments constitution personal injuries suffered caused acts omissions petitioners acting color law app complaint alleged april petitioner wilson new mexico state police officer unlawfully arrested respondent brutally viciously beat sprayed face tear gas petitioner vigil chief new mexico state police notice officer wilson allegedly violent propensities failed reprimand committing unprovoked attacks citizens vigil training supervision wilson seriously deficient respondent complaint filed two years nine months claim purportedly arose petitioners moved dismiss ground action barred statute limitations contained new mexico tort claims act petitioners motion supported decision new mexico squarely held tort claims act provides closely analogous state cause action statute limitations therefore applicable actions commenced state courts devargas new mexico addition statute limitations tort claims act two new mexico statutes conceivably apply claims provides limitation period actions injury person reputation person provides limitation period actions herein otherwise provided either longer statutes applies respondent claim complaint timely filed ruling petitioners motion dismiss district concluded new mexico decision devargas controlling characterization nature right vindicated matter federal rather state law reviewing various approaches question district concluded actions best characterized actions based statute specific new mexico statute limitations governing claims district held residual statute applied actions brought new mexico denied petitioners motion dismiss certified interlocutory appeal appeals tenth circuit accepted appeal app argument panel case set reargument entire unanimous en banc opinion appeals affirmed district order denying motion dismiss complaint appeals reasoning slightly different district agreed characterization claim matter federal law new mexico decision devargas therefore conclusive question opinion reviewed varying approaches courts appeals concluded even though actions encompass wide variety fact situations legal theories federal values issue selecting limitations period section claims best served articulating one uniform characterization describing essential nature underlying claims distilling essence cause action held every claim enforceable statute reality action injury personal rights enceforth claims circuit uniformly characterized statute limitations purposes accordingly appropriate statute limitations actions brought new mexico statute applicable personal injury actions followed respondent filed complaint time appeals acknowledged holding odds new mexico decision devargas also commented extensive conflict federal courts appeals courts vary widely methods characterize section action criteria evaluate applicability particular state statute limitations particular claim actual process used select appropriate state statute varies circuit circuit sometimes panel panel areas law stand greater need firmly defined easily applied rules subject periods limitations chardon fumero soto rehnquist dissenting thus conflict confusion uncertainty concerning appropriate statute limitations apply important ubiquitous civil rights statute provided compelling reasons granting certiorari find reasoning appeals opinion persuasive affirm reconstruction civil rights acts contain specific statute limitations governing actions void commonplace federal statutory law board regents tomanio congress established time limitation federal cause action settled practice adopt local time limitation federal law inconsistent federal law policy congress implicitly endorsed approach respect claims enforceable reconstruction civil rights acts language directs courts follow process determining rules decision applicable civil rights claims first courts look laws far laws suitable carry civil criminal civil rights statutes effect suitable federal rule exists courts undertake second step considering application state common law modified changed constitution statutes forum state ibid third step asserts predominance federal interest courts apply state law inconsistent constitution laws ibid burnett grattan order determine appropriate analogous new mexico statute apply respondent claim must answer three questions must first consider whether state law federal law governs characterization claim statute limitations purposes federal law applies must next decide whether claims characterized way whether evaluated differently depending upon varying factual circumstances legal theories presented individual case finally must characterize essence claim pending case decide state statute provides appropriate limiting principle although text neither provides pellucid answer questions three parts inquiry final analysis questions statutory construction ii identification correct source law properly begins text congress first instruction statute law applied adjudicating civil rights claims shall conformity laws far laws suitable mandate implies resort state law second step process undertaken principles federal law exhausted characterization statute limitations purposes derived elements cause action congress purpose providing course matters federal law since federal law available decide question language directs matter characterization treated federal question length limitations period closely related questions tolling application governed state law interpretation also supported congress third instruction state law shall apply far inconsistent federal law requirement emphasizes predominance federal interest borrowing process taken whole burnett grattan even principles state law borrowed assist enforcement federal remedy state rule adopted federal rule responsive need whenever federal right impaired sullivan little hunting park importation policies purposes matters civil rights primary office borrowing provision rather statute designed assure neutral rules decision available enforce civil rights actions among congress surely intend assign state courts legislatures conclusive role formative function defining characterizing essential elements federal cause action borrowing statutes limitations federal claims generally recognized problem characterization ultimately question federal law auto workers hoosier cardinal labor management relations act delcostello teamsters example recently declined apply state statute limitations convinced federal statute limitations another cause action better reflected balance congress preferred substantive policies underlying federal claim policies repose federal interest uniformity interest firmly defined easily applied rules see chardon rehnquist dissenting support conclusion congress intended characterization measured federal rather state standards appeals therefore correct concluding bound new mexico holding devargas iii federal cause action brought distance time utterly repugnant genius laws adams woods cranch determinations fact made passage time memories witnesses faded evidence lost compelling circumstances even wrongdoers entitled assume sins may forgotten borrowing statutes limitations claims serves policies repose course application statute limitations promote repose adopting statute governing analogous cause action state law federal law incorporates state judgment proper balance policies repose substantive policies enforcement embodied state cause action however federal claim differs state cause action fundamental respects state choice specific period limitation best rough approximation point interests favor protecting valid claims outweighed interests prohibiting prosecution stale ones johnson railway express agency thus considering whether claims characterized way limitations purposes useful recall provides uniquely federal remedy incursions claimed authority state law upon rights secured constitution laws nation mitchum foster high purposes unique remedy make appropriate accord statute sweep broad language remedy one override certain kinds state laws monroe pape events supplementary remedy state might mcneese board education precise counterpart state law monroe pape harlan concurring therefore purest coincidence state statutes common law provide equivalent remedies analogies causes action bound imperfect light practical considerations help explain simple broad characterization claims best fits statute remedial purpose experience courts predicated choice correct statute limitations analysis particular facts claim demonstrates approach inevitably breeds uncertainty litigation foreign central purposes almost every claim favorably analogized one ancient forms action may governed different statute limitations case us example respondent alleges injured new mexico state police officer used excessive force carry unlawful arrest claim arguably analogous distinct state tort claims false arrest assault battery personal injuries moreover claim also characterized one arising statute governed special new mexico statute authorizing recovery state torts agents catalog constitutional claims alleged encompass numerous diverse topics subtopics discrimination public employment basis race exercise first amendment rights discharge demotion without procedural due process mistreatment schoolchildren deliberate indifference medical needs prison inmates seizure chattels without advance notice sufficient opportunity heard identify choice statute limitations depend upon particular facts precise legal theory claim counsel almost always argue considerable force two periods limitations apply claim moreover approach different statutes limitations applied various claims arising state multiple periods limitations often apply case reason believe congress sanctioned interpretation statute enacted unlikely congress actually foresaw wide diversity claims new remedy ultimately embrace simplicity admonition consistent assumption congress intended identification appropriate statute limitations uncomplicated task judges lawyers litigants rather source uncertainty unproductive litigation moreover legislative purpose create effective remedy enforcement federal civil rights obstructed uncertainty applicable statute limitations scarce resources must dissipated useless litigation collateral matters although need national uniformity held warrant displacement state statutes limitations civil rights actions board regents tomanio uniformity within state entirely consistent borrowing principle contained conclude statute fairly construed directive select state one appropriate statute limitations claims federal interests uniformity certainty minimization unnecessary litigation support conclusion congress favored simple approach iv exhaustively reviewing different ways claims characterized every federal circuit appeals concluded tort action recovery damages personal injuries best alternative available agree choice supported nature remedy federal interest ensuring borrowed period limitations discriminate federal civil rights remedy specific historical catalyst civil rights act campaign violence deception south fomented ku klux klan denying decent citizens civil political rights see briscoe lahue debates act chronicle alarming insecurity life liberty property southern refuge local authorities extended authors outrageous incidents murder stalking abroad disguise whippings lynchings banishing visited upon unoffending american citizens local administrations found inadequate unwilling apply proper corrective combinations darker night hides conspiracies wicked worst felons devise gone unwhipped justice immunity given crime records public tribunals searched vain evidence effective redress cong globe cong remarks lowe atrocities concerned congress plainly sounded tort relying premise found tort analogies compelling establishing elements cause action monroe pape identifying immunities available defendants briscoe lahue city newport fact concerts pierson ray noted however remedy encompasses broad range potential tort analogies injuries property infringements individual liberty among potential analogies congress unquestionably considered remedies established civil rights act analogous tort claims personal injury example claims damages property breach contract unifying theme civil rights act reflected language fourteenth amendment unequivocally recognizes equal status every person subject jurisdiction several constitution command persons shall accorded full privileges citizenship person shall deprived life liberty property without due process law denied equal protection laws violation command injury individual rights person relying language statute appeals fourth circuit succinctly explained analogy persuasive essence creates cause action injury color state law person constitutional federal statutory rights emanate guaranteed person broad sense every cause action results personal injuries almond kent relative scarcity statutory claims enacted makes unlikely congress intended apply catchall periods limitations statutory claims later enacted many section course statute provides remedy create substantive rights chapman houston welfare rights organization although claims based statutory rights maine thiboutot involve much rights enforceable include guaranteed federal government fourteenth amendment every person within entitled equal protection laws fundamental principles liberty justice contained bill rights lie base civil political institutions guarantees liberty among rights possessed every individual civilized society privileges extended people legislature finally satisfied congress characterized providing cause action analogous state remedies wrongs committed public officials ineffectiveness state remedies led congress enact civil rights acts first place congress therefore intended remedy provided independently enforceable whether duplicates parallel state remedy monroe pape characterization actions involving claims personal injuries minimizes risk choice state statute limitations fairly serve federal interests vindicated general personal injury actions sounding tort constitute major part total volume civil litigation state courts today probably enacted unlikely period limitations applicable claims ever ever fixed way discriminate federal claims inconsistent federal law respect view holding claims best characterized personal injury actions appeals correctly applied statute limitations governing actions injury person reputation person stat ann judgment appeals affirmed ordered footnotes section provides actions governmental entity public employee torts shall forever barred unless action commenced within two years date occurrence resulting loss injury death stat ann new mexico law closely analogous state cause action provided new mexico tort claims act statute limitations applicable cause action section set forth section action must commenced within two years occurrence results injury devargas new mexico stat ann actions injury person reputation person must brought within three years stat ann actions herein otherwise provided specified must brought within four years app pet cert section provides district judge making civil action order otherwise appealable section shall opinion order involves controlling question law substantial ground difference opinion immediate appeal order may materially advance ultimate termination litigation shall state writing order appeals may thereupon discretion permit appeal taken order application made within ten days entry order day filed en banc opinion case appeals issued en banc opinions adopting appropriate statute limitations claims brought kansas utah colorado hamilton city overland park applying kansas statute governing actions injuries rights another cert pending mismash murray city applying utah statute actions limited specific statute limitations cert pending mckay hammock applying colorado statute governing actions every kind period limitation provided law also held new approach borrowing statutes limitations actions applied retroactively bar plaintiffs right day action timely law effect time suit commenced jackson city bloomfield see felix see runyon mccrary auto workers hoosier cardinal chattanooga foundry pipe works atlanta mcclaine rankin campbell haverhill title provides relevant part jurisdiction civil criminal matters conferred district courts provisions title title civil rights title crimes protection persons civil rights vindication shall exercised enforced conformity laws far laws suitable carry effect cases adapted object deficient provisions necessary furnish suitable remedies punish offenses law common law modified changed constitution statutes state wherein jurisdiction civil criminal cause held far inconsistent constitution laws shall extended govern said courts trial disposition cause johnson railway express agency board regents tomanio see supra virtually statutes limitations chronological length limitation period interrelated provisions regarding tolling revival questions application johnson railway express agency see also chardon fumero soto board regents tomanio cf occidental life insurance eeoc state legislatures devise limitations periods national interests mind duty federal courts assure importation state law frustrate interfere implementation national policies problem address today often arose litigation antitrust laws congress enacted federal statute limitations stat question whether antitrust claims analogous penal claims claims arising tort contract statute treated matter federal law better reasoned authority see moviecolor limited eastman kodak cert denied fulton loew supp electric theater twentieth film supp wd mo wolf sales rudolf wurlitzer supp see also white dissenting cases also establish silence congress read automatically putting imprimatur state law rather state law applied supplements fulfills federal policy ultimate question federal policy requires nevertheless rule elsewhere federal law clearly provides closer analogy available state statutes federal policies stake practicalities litigation make rule significantly appropriate vehicle interstitial lawmaking hesitated turn away state law delcostello teamsters cf board regents tomanio borrowed considered analogous state statute limitations bar tardily commenced proceedings emphasis added weight federal authority consistent view see opinion mcnutt duke precision dental orthodontic laboratories pauk board trustees city university cert denied clark musick williams walsh beard stephens see kosikowski bourne extent federal courts occasion deferred state characterization statute limitations purposes done matter preference comity obligation price cf griffin breckenridge reason adoption one analogy rather another often somewhat arbitrary case losing party may infer choice limitations period case result oriented thereby undermining belief dealt fairly comprehensive annotation publication popular practicing bar concludes uncertainty confusion lack uniformity selecting applicable statute limitations suits fed see also biehler limiting right sue drake rev comment state notes wayne rev burnett grattan cleveland board education loudermill bishop wood ingraham wright estelle gamble lugar edmondson oil flagg brooks justice blackmun summarized causes action alleged first amendment area relied challenge state laws required loyalty oaths prevented wearing armbands protest policy vietnam also used restrain prosecutions louisiana subversive activities communist control law utilized naacp establish organization authority advise negroes legal rights used challenge bans lawyer advertising spending limitations public education activities charities case establishing welfare recipient right notice hearing benefits terminated case along line cases confirmed due process rights recipients utility service employees entitled state law seek redress unlawful discharge section used challenge mandatory maternity leave policies state restrictions social security benefits list includes challenges state restrictions right vote poll taxes white primaries unequal apportionment schemes includes challenge unequal age limitations males females sale beer limitations right marry person one choice includes successful efforts mental patients prisoners achieve first amendment freedoms due process rights within institutional walls blackmun section federal protection individual rights statute remain alive fade away madison lecture delivered new york university school law published rev footnotes omitted example compare mcghee ogburn florida statute williams rhoden florida statute hines board education covington kentucky statute garner stephens kentucky statute whatley department education georgia statute wooten sanders georgia statute example polite diehl en banc plaintiff alleged police officers unlawfully arrested beat sprayed mace coerced pleading guilty various offenses automobile towed away held false arrest statute limitations applied arrest claim personal injuries statute applied beating claims statute actions seeking recovery goods applied towing claim see also chambers omaha public school district beard stephens human level uncertainty costly parties plaintiffs may denied remedy delay filing claims wrongly postulated courts apply longer statute defendants calculate contingent liabilities knowing confidence delicts lie repose second ninth circuits emphasized importance uniformity adopting uniform characterization claims claims arising statute see pauk board trustees city university clark musick smith cremins see also garmon foust en banc cert denied see also cong globe remarks stoughton hoar monroe elliott roberts beatty cobb shellabarger sen pool osborn edmunds persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws amdt see also mccausland mason county board education cert denied cf runyon mccrary affirming appeals reliance statute limitations personal injuries actions claim hebert louisiana powell alabama duncan louisiana fundamental principle law citizen owes allegiance government right expect demand protection life person property compelled rest upon inherent undeniable right protect citizens constitution contains express grant power coupled imperative injunction exercise cong globe stoughton see also kelley sheldon hawley dawes wilson edmunds see supra also see legislative history related patsy board regents mitchum foster mcneese board education monroe pape harlan concurring see national center state courts state caseload statistics national database justice dissenting citing practical considerations today decides jettison rule venerable application adopt instead one simple broad characterization claims ante characterization claims agree matter federal law see justification given longstanding interpretation congress awareness abandoning rule courts must identify apply statute limitations state claim closely analogous particular claim declaring claims regardless differences essential characteristics shall considered closely analogous one narrow class tort though purporting conform letter abandons policies embodies respectfully dissent rule federal adjudicating rights adopt state statute limitations closely analogous claim traces lineage silliman pet campbell haverhill felix opinions held congress specific provision prescribed limitation specific provision adduced felix supra congress intended subject action general laws state applicable actions similar nature intended remedy enforced manner common like actions within jurisdiction campbell haverhill supra respect borrowing state law claims congress explicitly provided absent suitable federal law provision common law modified changed constitution statutes state wherein jurisdiction held shall extended govern said courts trial disposition cause johnson railway express agency supra described policies behind congress decision borrow appropriate state limitations period although statute limitations necessarily arbitrary length period allowed instituting suit inevitably reflects value judgment concerning point interests favor protecting valid claims outweighed interests prohibiting prosecution stale ones borrowing state period limitation application federal cause action federal relying state wisdom setting limit prosecution closely analogous claim despite vocal criticism confusion created individualized statutes limitations federal courts appeals state courts continued settled practice seeking appropriate factual analogies genus claim see gashgai leibowitz mcclam barry app overruled grounds brown app blake katter white parcel service kilgore city mansfield ohio polite diehl en banc miller city overland park sena school bus santa fe board education app arquette hancock tex app moore mccomsey super leese doe super courts recognized variety possible claims might brought section unlimited ranging simple police brutality school desegregation cases impose one statute limitations actions diverse disregard unanimous judgments periods limitations vary subject matter claim present system reference many state limits perfect operation surely preserves judgments made appropriate periods limitation causes action diverse nature note choice law section chi rev ii majority concedes adopting statute governing analogous cause action state law federal law incorporates state judgment proper balance policies repose substantive policies enforcement embodied state cause action ante yet posits without serious attempt explanation claim differs fundamentally cause action analogies causes action bound imperfect ante fundamental differences identifies uniqueness high purposes supplementary nature way explain determination single inflexible analogy govern concedes wide diversity claims remedy embraces ante thus hardly backward look majority leaves behind century precedent see campbell haverhill inspired federal interests uniformity certainty minimization unnecessary litigation suddenly discovers fairly construed directive select state one appropriate statute limitations claims ante fact course escaped drafters civil rights acts referred courts general principles groping discern congress done expressly focused issue decided today believes congress characterized conferring general remedy injuries personal rights ante analogy appealing every compensable injury whether constitutional statutory rights violence deception broken promises person pocketbook person dignity might plausibly described personal injury sweeping analogy analogy candor perceived need uniformity simply seized opportunity legislate takes step even though number bills proposed recent congresses standardize limitations periods failed enactment see sess sess sess fact normally interpret persuasive indication congress agree concerns uniformity dictate unitary rule see ford motor credit milhollin aution must temper judicial creativity face legislative silence robertson wegmann auto workers hoosier cardinal well federal legislation decision effectively forecloses legislative creativity part state formulate detailed statutory scheme setting individualized limitations periods various claims drawing upon policies regarding timeliness suits assault libel written contract employment disputes supremacy clause dictate blunt instrument announced today must supersede legislative presumably today decision legislation even state limitations period given case generous tort rule today mandates invariably shall apply case blake katter example plaintiff claimed deprivation liberty false arrest enjoyed benefit indiana generous statute claims public officials plaintiff find cause action foreclosed comparatively meager statute governing injuries person exchange accrued collective wisdom many legislatures bell morrison gains half measure uniformity heretofore wisely disavowed uniformity value warranting displacement state statutes limitations civil rights actions see board regents tomanio robertson wegmann supra true decision means claims given state must brought within single set period yet even promise uniformity within state illusory achieving statewide symmetry among civil rights claims creates fresh problems asymmetry far greater moment local practitioner lawyer knows claims occur splendid isolation usually joined claims state tort contract law arising facts end today decision saves neither judges local practitioners headaches since years characterization state law claims reference relevant facts routine prerequisite establishing applicable statute limitations one state high noted believe intent congress enacting establish cause action different statute limitations provided state common law state statutory action identical set facts miller city overland park today decision much resolve confusion banish lower courts new analogy lacks magical power conjure uniformity diversity natural order fact rule adopts failed application literally ink tenth circuit decision dry decision appeals tenth circuit case affirmed today one four handed day valiant attempt fix limitations periods entire tenth circuit kansas law conveniently supplied statute injury rights another see hamilton city overland park utah law contained provision see mismash murray city selecting utah residuary statute absent statute personal injury colorado law defied newly minted rule supplying one two periods govern various injuries personal rights mckay hammock tenth circuit resolved dilemma declaring limitations periods irrelevant instead selecting colorado residuary statute cases demonstrate guarantee state law obligingly supply limitations period match abstract analogy may little relevance forum state limitations scheme professor mishkin remarked regarding federal rules often call uniformity much grounded practical necessity desire symmetry abstract legal principles revolt complexities federated system mishkin variousness federal law competence discretion choice national state rules decision rev see also hart relations state federal law colum rev must wit deluded assumptions value uniformity symmetrical organization charts though task characterization admittedly uncomplicated ante nevertheless routine feature state procedural law task handled daily judges lawyers litigants rely often actions congress choice incorporated reference common law modified statutes forum state forgo legislating simplistic rule entrust judges task integrating federal remedy federal system therefore reverse appeals scholarly ultimately flawed attempt impose single state limitations period claims apply statute limitations new mexico applies state claims directly analogous operative facts case respectfully dissent