At page 1297 cited at this page24 citing cases
- Salmon, No. 5:25-cv-01133 (N.D. Ala. Mar. 6, 2026). The plausibility standard does not equate to a “probability requirement,” yet it requires more than a “mere possibility of misconduct” or factual statements that are “merely consistent with a defendant’s liability.” Id. (citations omitted)…
- Wyatt, No. 5:24-cv-00403 (M.D. Ga. Jan. 9, 2026).Corp., 550 U.S. at 556 . 10 Trawinski v. United Technologies, 313 F.3d 1295, 1297 (11th Cir. 2002) (per curiam). 11 Morrison v. Amway Corp., 323 F.3d 920 , 924 n. 5 (11th Cir. 2003). 12 McElmurray v. Consolidated Gov’t of Augusta-Richmond…
- Haynes, No. 5:24-cv-01588 (N.D. Ala. Oct. 16, 2025).While the court should extend pro se complaints some measure of leniency, see Trawinski v. United Technologies, 313 F.3d 1295, 1297 (11th Cir. 2002), “nothing in that leniency would excuse a plaintiff from compliance with threshold require…
- Cantrell Hill v. Bernard Hill, No. 22-13620 (11th Cir. Sept. 23, 2025).Trawinski v. United Technologies, 313 F.3d 1295, 1297 (11th Cir. 2002) (per curiam).
- Coke v. City of Birmingham, Alabama, No. 2:23-cv-00280 (N.D. Ala. Sept. 18, 2025).Caldwell v. Warden, 748 F.3d 1090, 1098 (11th Cir. 2014) (citing Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir. 2002)).
- Jimenez v. U.S. Dep't of Treasury, No. 1:22-cv-23620 (S.D. Fla. Mar. 13, 2025).United Technologies, 313 F.3d 1295, 1297 (11th Cir. 2002).
- Christopher Eugean Brown v. Sergeant Ashley Kern, No. 22-11201 (11th Cir. Dec. 29, 2023).Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir. 2002).
- Henderson v. Lett, No. 1:21-cv-00036 (S.D. Ala. Feb. 15, 2022).Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir. 2002). [The Court must] also credit the “specific facts” pled in [Henderson’s] sworn complaint when considering his opposition to summary judgment.
- Kristin Sconiers v. FNU Lockhart, 946 F.3d 1256 (11th Cir. 2020).Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir. 2002) 8 Case: 16-16954 Date Filed: 01/07/2020 Page: 9 of 32 (per curiam).
- Kenneth A. Frank v. David Schulson, No. 18-14779 (11th Cir. Aug. 5, 2019).Finally, although pro se complaints must be liberally construed, Trawinski v. United Tech., 3 Case: 18-14779 Date Filed: 08/05/2019 Page: 4 of 7 313 F.3d 1295, 1297 (11th Cir. 2002), such complaints still must comply with the procedural ru…
Show 14 more citing cases
- Joseph Dingler v. State of Georgia, No. 17-13253 (11th Cir. Feb. 23, 2018).Trawinski v. United Tech., 313 F.3d 1295, 1297 (11th Cir. 2002).
- George Lowe v. Florida Dep't of Corr., 679 F. App'x 756 (11th Cir. 2017).We have also held that “[p]ro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.” Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir. 2002) (per curiam…
- Stephen G. Burke v. Timothy Bowns, 653 F. App'x 683 (11th Cir. 2016).Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir. 2002).
- Trevis Caldwell v. Warden, FCI Talladega, 748 F.3d 1090 (11th Cir. 2014).Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir.2002).
- Torrence Windell Allen v. Tennille Gooden, 521 F. App'x 754 (11th Cir. 2013).Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir.2002).
- James A. Birdette v. Saxon Mortg., 502 F. App'x 839 (11th Cir. 2012).Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir.2002).
- Harold B. Rotte v. Internal Revenue Serv., 368 F. App'x 73 (11th Cir. 2010).“Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.” See Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir.2002) (quotation omitted).
- Lennon Anderson v. Vanguard Car Rental USA Inc., 304 F. App'x 830 (11th Cir. 2008).Bd. of Broward County, 483 F.3d 725, 728 (11th Cir.2007). “[P]ro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.” Trawinski v. United Tech., 313 F.3d 1295,…
- James E. Reed v. U.S. Postal Serv., 288 F. App'x 638 (11th Cir. 2008).Trawinski v. United Technologies, 313 F.3d 1295, 1297 (11th Cir.2002).
- Delvecchio v. Smith, 558 F. Supp. 2d 1243 (S.D. Fla. 2008).In addition, “pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.” Trawinski v. United Tech., 313 F.3d 1295, 1297 (11th Cir.2002) (quoting Tannenbaum v. Un…
- Jackson v. Sec'y for Dep't of Corr., 206 F. App'x 934 (11th Cir. 2006).We have held that “[p]ro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.” Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir.2002) (citation omitted…
- Craig Galloway v. GA Tech. Auth., 182 F. App'x 877 (11th Cir. 2006).Although “[p]ro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and” are “liberally construed,” Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir.2002), pro se litigants still must comply with…
- Robert J. Heard v. Milton E. Buddy Nix, Jr., 170 F. App'x 618 (11th Cir. 2006).Although pro se complaints must be liberally construed, Trawinski v. United Tech, 313 F.3d 1295, 1297 (11th Cir. 2002), such complaints still must comply with the procedural rules governing the proper form of pleadings, McNeil v. United St…
- Steven Earl Beaver v. Charles B. Welch, 161 F. App'x 892 (11th Cir. 2006).This court has held that “[p]ro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.” Trawinski v. United Technologies, 313 F.3d 1295, 1297 (11th Cir.2002).
At page 1299 quotation marks omitted18 citing cases
- Kendall Palmer v. New Rez doing Bus. as Shellpoint Mortg. Servicing, et al., No. 1:25-cv-00999 (N.D. Ga. Mar. 31, 2026).Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir. 2002).
- Downing, No. 5:25-cv-00277 (M.D. Ga. Nov. 20, 2025).“The purpose of § 1985 was to stifle the serious class-based deprivation of constitutional rights by private parties, not to serve as a general federal tort law.” Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir. 2002).
- Francois, No. 1:25-cv-21375 (S.D. Fla. Oct. 27, 2025). Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir.2002) (citing 42 U.S.C. § 1985(3)).
- Redding v. Lee, No. 6:25-cv-00891 (M.D. Fla. Aug. 21, 2025).The purpose of 42 U.S.C. § 1985 “was to stifle the serious class-based deprivation of constitutional rights by private parties, not to serve as a general federal tort law.” Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir. 2002);…
- Smith v. Gwinnett Cnty. Bd. of Commissioners, No. 1:23-cv-02654 (N.D. Ga. Sept. 30, 2024).Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir. 2002).
- Sullenberger v. City of Coral Gables, No. 1:22-cv-21830 (S.D. Fla. Jan. 24, 2024).And “[t]he elements of a cause of action under § 1985(3) are: (1) a conspiracy, (2) for the purpose of depriving, either directly or indirectly, any 19 This second portion of § 1985(2) states: [I]f two or more persons conspire for the purp…
- Dulcio v. Env't Prot. Agency, No. 9:22-cv-81908 (S.D. Fla. May 17, 2023).Trawinski v. United Tech., 313 F.3d 1295, 1299 (11th Cir. 2002).
- Ray v. Pate's Chapel Baptist Church & Cemetery (MAG+), No. 2:18-cv-00828 (M.D. Ala. Nov. 18, 2021).“The elements of a cause of action under § 1985(3) are: (1) a conspiracy, (2) for the purpose of depriving, either directly or indirectly, any person 14 or class of persons of the equal protection of the laws, or of equal privileges and im…
- Santoro v. Agerton, No. 1:18-cv-00387 (S.D. Ala. Jan. 23, 2020).(noting that “a claim under § 1985(3) requires the proof of invidious discriminatory intent)
- Rosana Boulhosa Nassar v. Florida Dep't of Agric., No. 18-10470 (11th Cir. Nov. 9, 2018).Second, “a claim under § 1985(3) requires the proof of invidious discriminatory intent as well as the violation of a serious constitutional right.” 8 Case: 18-10470 Date Filed: 11/09/2018 Page: 9 of 10 Trawinski v. United Techs., 313 F.3d…
Show 8 more citing cases
- Mary E. Stansel v. City of Atlanta, 593 F. App'x 866 (11th Cir. 2014).([A] claim under § 1985(3) requires the proof of *870 ... the violation of a serious constitutional right....)
- Stephen Cox v. Hon. Frank Mills, III, 465 F. App'x 885 (11th Cir. 2012).Trawinski v. United Tech., 313 F.3d 1295, 1299 (11th Cir.2002).
- Jussi K. Kivisto vs Miller, Canfield, Paddock & Stone, PLC, 413 F. App'x 136 (11th Cir. 2011).“The purpose of § 1985 was to stifle the serious class-based deprivation of constitutional rights by private parties, not to serve as a general federal tort law.” Trawinski v. United Technologies, 313 F.3d 1295, 1299 (11th Cir.2002).
- Zinnia I. Chen v. Hon. Kenneth R. Lester, Jr., 364 F. App'x 531 (11th Cir. 2010).(quotation marks omitted)
- Cook v. Randolph Cnty., Ga., 573 F.3d 1143 (11th Cir. 2009).(quotation marks omitted)
- White v. Sch. Bd. of Hillsborough Cnty., 636 F. Supp. 2d 1272 (M.D. Fla. 2007).Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir.2002).
- Joao Godoy v. Habersham Cnty., 211 F. App'x 850 (11th Cir. 2006).Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir.2002).
- Moore v. Nelson, 394 F. Supp. 2d 1365 (M.D. Ga. 2005).See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52 , 106 S.Ct. 2505 , 91 L.Ed.2d 202 (1986); Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir.1993). 2. § 1985(3) Claim The elements of a cause of action under § 1985(3) are…
At page 1298 applying § 2462 to a private enforcement action under the Energy and Policy Conservation Act8 citing cases
- Melvin v. Troy Univ., No. 2:21-cv-00475 (M.D. Ala. June 29, 2022).Ala. 2007) (Thompson, J.); Trawinski v. United Technologies, 313 F.3d 1295, 1298 (11th Cir. 2002).
- Taite v. Monroe Cnty. Pub. Library, No. 1:19-cv-00212 (S.D. Ala. Feb. 4, 2020).Ed. 2d 594 (1989) (applying to § 1983); Trawinski v. United Techs., 313 F.3d 1295, 1298 (11th Cir. 2002) (applying to § 1985).
- Riggs v. Curran, 863 F.3d 6 (1st Cir. 2017).(applying § 2462 to a private enforcement action under the Energy and Policy Conservation Act)
- Alma Barnes v. Compass Bank, 568 F. App'x 743 (11th Cir. 2014).The statute of limitations begins with the violation itself—it is upon violation, and not upon discovery of harm, that the claim is complete and the clock is ticking.” Trawinski v. United Tech., 313 F.3d 1295, 1298 (11th Cir.2002).
- SEC v. Microtune, Inc., No. 11-10594 (5th Cir. Aug. 7, 2012). Cir. 1994); see also Trawinski v. United Techs., 6 Case: 11-10594 Document: 00511948912 Page: 7 Date Filed: 08/07/2012 No. 11-10594 313 F.3d 1295, 1298 (11th Cir. 2002); Fed.
- Sec. & Exch. Comm'n v. Huff, 758 F. Supp. 2d 1288 (S.D. Fla. 2010).The Eleventh Circuit has noted that Section 2462, by its terms, “is generally applicable to ‘proceeding[s] for the enforcement *1338 of any civil fine[, penalty, or forfeiture].’ ” Trawinski v. United Technologies, 313 F.3d 1295, 1298 (11t…
- Sec. & Exch. Comm'n v. Huff, 745 F. Supp. 2d 1284 (S.D. Fla. 2010).The Eleventh Circuit has noted that Section 2462, by its terms, “is generally applicable to ‘proceeding^] for the enforcement of any civil fine[, penalty, or forfeiture].’ ” Trawinski v. United Technologies, 313 F.3d 1295, 1298 (11th Cir.2…
- Sec. & Exch. Comm'n v. Alexander, 248 F.R.D. 108 (2007). Nov.29, 2005) (concluding that it was bound by Trawinski v. United Techs., 313 F.3d 1295, 1298 (11th Cir.2002)): United States v. Maillard, 26 F. Cas. 1140, 1143 (S.D.N.Y.1871); In re Landsberg, 14 F. Cas. 1065 (E.D.Mich.1870); see also Tr…
At page 1295 “pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.”0 citing cases
v.
UNITED TECHNOLOGIES, Carrier Corporation, Et Al., Defendants-Appellees
Benon and Irene Trawinski appeal the district court’s order dismissing their pro se complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). They argue that the district court improperly found (1) that their Energy and Policy Conservation Act (EPCA), 42 U.S.C. § 6292 et seq., and 42 U.S.C. § 1985(3) claims were barred by the applicable statutes of limitations and (2) that the court lacked subject matter jurisdietion over the § 1985(3) claim. For the following reasons, we AFFIRM.
I. BACKGROUND
A new heating and air conditioning unit, manufactured by appellee Carrier Corporation (“Carrier”), distributed by appellee Weathertech Distributing Company, Inc. (“Weathertech”), and sold by appellee Standard Heating & Air Conditioning, Inc. (“Standard”), was installed in the home of the Trawinskis in 1993. The Trawinskis complain that this new system was defective in its operation, producing noisy and ineffective cooling in the summer and improper heating in the winter, all causing various damages both to the structure of the Trawinskis’ home and to the health of the Trawinskis themselves. In this lawsuit, the Trawinskis allege that the performance deficiencies of the heating and air conditioning system violate the efficiency standards required by the EPCA and that the manufacturer, distributor, and retailer of the system conspired to violate the Trawinskis’ civil rights in violation of 42 U.S.C. § 1985(3) through their misrepresentations concerning the quality of the system.
II. DISCUSSION
A. Standard of Review
“This court reviews de novo the dismissal of a complaint pursuant to Rule 12(b)(6). The plaintiffs factual allegations are accepted as true.” Oxford Asset Mgmt., Ltd. v. Jaharis, 297 F.3d 1182, 1187-88 (11th Cir.2002) (internal citations omitted). “Pro se pleadings are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed.” Tannenbaum v. United States, 148 F.3d 1262, 1263 (11th Cir.1998) (per curiam).
[*1298] B. Statutes of Limitations
Neither the EPCA nor § 1985(3) provides its own statute of limitations. When there is no specifically stated or otherwise relevant federal statute of limitations for a federal cause of action, the controlling period would ordinarily be the most appropriate one provided by state law. See Reed v. United Transp. Union, 488 U.S. 319, 323-24, 109 S.Ct. 621, 625, 102 L.Ed.2d 665 (1989). However, when there is a closer federal statute-of-limitations analogue, there is no need to resort to state law, which might unintentionally have the effect of interfering with the underlying federal policies involved in the federal action. See DelCostello v. Int’l Bhd. of Teamsters, 462 U.S. 151, 171-72, 103 S.Ct. 2281, 2294, 76 L.Ed.2d 476 (1983); Occidental Life Ins. Co. of Cal. v. EEOC, 432 U.S. 355, 367, 97 S.Ct. 2447, 2455, 53 L.Ed.2d 402 (1977).
Admittedly, there is no specifically stated limitations period in the text of the EPCA. However, as the district court found, there is a relevant, though inexpli-cit, federal statute of limitations applicable to this claim; therefore, resort to a state statute is not necessary. The district court found that the five-year statute of limitations contained in 28 U.S.C. § 2462 [1] should be applied to the Trawinskis’ EPCA claim, following Public Interest Research Group of New Jersey, Inc. v. Powell Duffryn Terminals, Inc., 913 F.2d 64, 74 (3d Cir.1990). Section 2462 by its text is generally applicable to “proceeding[s] for the enforcement of any civil fine,” and the Trawinskis’ citizen suit under the EPCA is precisely this sort of action.
Having found § 2462 applicable, the district court proceeded to find that the Trawinskis’ EPCA claim accrued in June 1993, with the installation of the heating and air conditioning system, and that the cause of action was time-barred far in advance of the filing of the Traw-inskis’ complaint in November 2001. The Trawinskis argue that their cause of action did not accrue upon the occurrence of the EPCA violation at installation, but rather accrued upon their discovery of the violation, which occurred some time later. This discovery rule, which might be applicable to statutes of limitations in state tort actions, has no place in a proceeding to enforce a civil penalty under a federal statute. The statute of limitations begins with the violation itself — it is upon violation, and not upon discovery of harm, that the claim is complete and the clock is ticking. See 3M Co. v. Browner, 17 F.3d 1453, 1462-63 (D.C.Cir.1994) (holding that a violation of the Toxic Substances Control Act accrues for statute-of-limitations purposes at the time of violation, rather than upon discovery of the violation). While the Trawinskis’ remedial claims, including state tort law claims, may well be subject to the discovery rule for statute-of-limitations purposes, their actions in this forum to enforce civil penalties are not.
Turning to the Trawinskis’ § 1983(5) claim, the district court, following precedent, correctly found that the residual, two-year limitations period for personal injury actions provided by Ala. Code § 6-2-38(i) should apply. See Dumas v. Town of Mt. Vernon, Ala., 612 F.2d 974, 977 (5th Cir.1980); Ingram v. Steven [*1299] Robert Corp., 547 F.2d 1260, 1262-63 (5th Cir.1977). [2] The facts and circumstances giving rise to the § 1985(3) claim were within the knowledge of the Trawinskis for more than two years before the filing of this action, and, accordingly, the district court correctly dismissed this claim as being time-barred.
C. Subject-matter jurisdiction
The district court gave lack of subject-matter jurisdiction as an alternate reason for its dismissal of the Trawinskis’ § 1985(3) claim. Although the district court couched its decision in terms of subject-matter jurisdiction, its actual decision reveals that what it was truly concerned about was the ability of the Trawinskis to state a claim under § 1985(3), not its inherent power to decide the case. The district court found that under the allegations of the complaint, no viable § 1985(3) cause of action existed, and we agree.
“The elements of a cause of action under § 1985(3) are: (1) a conspiracy, (2) for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; ánd (3) an act in furtherance of the conspiracy, (4) whereby a person is either injured in his person or property or deprived of any right or privilege of a citizen of the United States.” Childree v. UAP/GA AG CHEM, Inc., 92 F.3d 1140, 1146-47 (11th Cir.1996).
The purpose of § 1985 was to stifle the serious class-based deprivation of constitutional rights by private parties, not to serve as a general federal tort law, and, as such, a claim under § 1985(3) requires the proof of invidious discriminatory intent as well as the violation of a serious constitutional right protected not just from official, but also from private encroachment. See Bray v. Alexandria Women’s Health Clinic, 506 U.S. 263, 267-68, 274, 113 S.Ct. 753, 758, 762, 122 L.Ed.2d 34 (1993); Griffin v. Breckenridge, 403 U.S. 88, 102, 91 S.Ct. 1790, 1798, 29 L.Ed.2d 338 (1971). The list of rights protected from both official and private encroachment is short, see Bray, 506 U.S. at 278, 113 S.Ct. at 764, and none of the affected rights asserted by the Trawinskis rise to this level. There is no constitutional right, protected against private encroachment, to a energy-efficient air conditioning unit or to business relationships free from misrepresentations. Thus, the district court also did not err in dismissing appellants’ § 1985(3) claim'for failure to state a claim.
III. CONCLUSION
Upon review of the record, the district court’s opinion and the parties’ briefs, we find no reversible error. The district court correctly dismissed appellants’ claims for being time-barred under the applicable statutes of limitations and correctly dismissed appellants’ § 1985(3) claim for failure to state a claim on which relief could be granted.
AFFIRMED.
. That statute provides:
Except as otherwise provided by Act of Congress, an action, suit or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, shall not be entertained unless commenced within five years from the date when the claim first accrued if, within the same period, the offender or the property is found within the United States in order that proper service may be made thereon.
. In the case of Bonner v. Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), the Eleventh Circuit adopted, as binding precedent all decisions of the former Fifth Circuit handed down prior to close of business on September 30, 1981. The Dumas and Ingram decisions, overruled in part on other grounds, are cited with approval for the proposition in the text by this court in Hester v. Int’l Union of Operating Eng’rs, 878 F.2d 1309, 1310 (11th Cir.1989). Those decisions dealt with an earlier version of Alabama's current residual statute of limitations for personal injury actions, but the analogy persists.