Benon John Trawinski, Irene Monahan Trawinski v. United Tech., Carrier Corp., 313 F.3d 1295 (11th Cir. 2002). · Go Syfert
Benon John Trawinski, Irene Monahan Trawinski v. United Tech., Carrier Corp., 313 F.3d 1295 (11th Cir. 2002). Cases Citing This Book View Copy Cite
83 citation events (83 in the last 25 years) across 14 distinct courts.
Strongest positive: Kendall Palmer v. New Rez doing business as Shellpoint Mortgage Servicing, et al. (gand, 2026-03-31)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Kendall Palmer v. New Rez doing business as Shellpoint Mortgage Servicing, et al.
N.D. Ga. · 2026 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir. 2002).
discussed Cited as authority (rule) Carol Ann Salmon v. Yorktown Systems Group LLC (2×) also: Cited "see, e.g."
N.D. Ala. · 2026 · confidence medium
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). 2 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 requirements of the Federal Rules of Civil Procedure.” Johnson v. Mobile County Sheriff Dept., No. 06-0821-…
discussed Cited as authority (rule) Jomo K. Wyatt v. Dublin VAMC and Department of Veterans Affairs
M.D. Ga. · 2026 · confidence medium
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 Cnty., 501 F.3d 1244, 1251 (11th Cir. 2007) (internal quotation marks and citation omitted). 13 Smith v. United States, 7 F.4th 963, 973 (11h Cir. 2021) (citations omitted). 4 under certain circumstances.14 “Further, as to tort claims related to negligence by VA personnel specifically, § 7316(a)(1) of Title 38 provides that the FTCA will provide the reme…
discussed Cited as authority (rule) Tavern Downing, Sr., et al. v. Anita Howard, et al.
M.D. Ga. · 2025 · confidence medium
“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).
examined Cited as authority (rule) Level Francois v. City of North Miami Beach Police Dept., City of North Miami Beach, Jose Andrade, Hertz Global Holdings, Inc., The Florida Bar (4×) also: Cited "see"
S.D. Fla. · 2025 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir.2002) (citing 42 U.S.C. § 1985(3)).
discussed Cited as authority (rule) Thomas Woodrow Haynes v. Schwarze Industries, et al.
N.D. Ala. · 2025 · confidence medium
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 requirements of the Federal Rules of Civil Procedure.” Johnson v. Mobile County Sheriff Dept., No. 06-0821- WS-B, 2007 WL 2023488 , at *3 (S.D.
cited Cited as authority (rule) Cantrell Hill v. Bernard Hill
11th Cir. · 2025 · confidence medium
Trawinski v. United Technologies, 313 F.3d 1295, 1297 (11th Cir. 2002) (per curiam).
cited Cited as authority (rule) Coke v. City of Birmingham, Alabama
N.D. Ala. · 2025 · confidence medium
Caldwell v. Warden, 748 F.3d 1090, 1098 (11th Cir. 2014) (citing Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir. 2002)).
discussed Cited as authority (rule) Redding v. Lee
M.D. Fla. · 2025 · confidence medium
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); see Bray v. Alexandria Women’s Health Clinic, 506 U.S. 263 , 267–68, 274 (1993).
cited Cited as authority (rule) Jimenez v. U.S. Department of Treasury
S.D. Fla. · 2025 · confidence medium
United Technologies, 313 F.3d 1295, 1297 (11th Cir. 2002).
cited Cited as authority (rule) Smith v. Gwinnett County Board of Commissioners
N.D. Ga. · 2024 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir. 2002).
discussed Cited as authority (rule) Sullenberger v. City of Coral Gables
S.D. Fla. · 2024 · confidence medium
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 purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws …
cited Cited as authority (rule) Christopher Eugean Brown v. Sergeant Ashley Kern
11th Cir. · 2023 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir. 2002).
cited Cited as authority (rule) Dulcio v. Environmental Protection Agency
S.D. Fla. · 2023 · confidence medium
Trawinski v. United Tech., 313 F.3d 1295, 1299 (11th Cir. 2002).
cited Cited as authority (rule) Melvin v. Troy University
M.D. Ala. · 2022 · confidence medium
Ala. 2007) (Thompson, J.); Trawinski v. United Technologies, 313 F.3d 1295, 1298 (11th Cir. 2002).
discussed Cited as authority (rule) Henderson v. Lett
S.D. Ala. · 2022 · confidence medium
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.
discussed Cited as authority (rule) Ray v. Pate's Chapel Baptist Church and Cemetery (MAG+)
M.D. Ala. · 2021 · confidence medium
“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 immunities under the laws; and (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.” Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir. 2002) (quoting Childree v. UAP/GA AG CHEM, Inc., 92 F.3d 1140 , 1146–47 (11th Cir.…
cited Cited as authority (rule) Taite v. Monroe County Public Library
S.D. Ala. · 2020 · confidence medium
Ed. 2d 594 (1989) (applying to § 1983); Trawinski v. United Techs., 313 F.3d 1295, 1298 (11th Cir. 2002) (applying to § 1985).
discussed Cited as authority (rule) Santoro v. Agerton
S.D. Ala. · 2020 · confidence medium
The elements necessary to prove a § 1985(3) claim 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; and (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.” Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir. 2002)(noting that “a claim under § 1985(3) requires the proof of invidious discrimina…
cited Cited as authority (rule) Kristin Sconiers v. FNU Lockhart
11th Cir. · 2020 · confidence medium
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).
discussed Cited as authority (rule) Kenneth A. Frank v. David Schulson
11th Cir. · 2019 · confidence medium
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 rules governing the proper form of pleadings, McNeil v. United States, 508 U.S. 106, 113 (1993).
discussed Cited as authority (rule) Rosana Boulhosa Nassar v. Florida Department of Agriculture
11th Cir. · 2018 · confidence medium
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 1295, 1299 (11th Cir. 2002).
cited Cited as authority (rule) Joseph Dingler v. State of Georgia
11th Cir. · 2018 · confidence medium
Trawinski v. United Tech., 313 F.3d 1295, 1297 (11th Cir. 2002).
discussed Cited as authority (rule) Riggs v. Curran
1st Cir. · 2017 · confidence medium
Other cases cited by Plaintiffs that fall into this category include: Catskill Mountains Chapter of Trout Unlimited, Inc. v. City of New York, 451 F.3d 77 , 88 n.14 (2d Cir. 2006) (applying § 2462 to a private enforcement action under the Clean Water Act); Trawinski v. United Techs., 313 F.3d 1295, 1298 (11th Cir. 2002) (applying § 2462 to a private enforcement action under the Energy and Policy Conservation Act); Sierra Club v. Chevron U.S.A., Inc., 834 F.2d 1517, 1522 (9th Cir. 1987) (applying § 2462 to a private enforcement action under the Clean Water Act for violation of Chevron’s Na…
discussed Cited as authority (rule) George Lowe v. Florida Department of Corrections
11th Cir. · 2017 · confidence medium
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) (internal quotation marks omitted).
cited Cited as authority (rule) Stephen G. Burke v. Timothy Bowns
11th Cir. · 2016 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir. 2002).
discussed Cited as authority (rule) Mary E. Stansel v. City of Atlanta
11th Cir. · 2014 · confidence medium
See Robertson v. Hecksel, 420 F.3d 1254, 1261 (11th Cir.2005) (“[Bjefore § 1983 and § 1988 can come into play, the plaintiff must still establish the existence of a federal right.”); Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir.2002) (“[A] claim under § 1985(3) requires the proof of *870 ... the violation of a serious constitutional right....”); Park v. City of Atlanta, 120 F.3d 1157, 1159-60 (11th Cir.1997) (“Section 1986 claims are ... derivative of § 1985 violations”).
discussed Cited as authority (rule) Alma Barnes v. Compass Bank
11th Cir. · 2014 · confidence medium
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).
cited Cited as authority (rule) Trevis Caldwell v. Warden, FCI Talladega
11th Cir. · 2014 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir.2002).
cited Cited as authority (rule) Torrence Windell Allen v. Tennille Gooden
11th Cir. · 2013 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir.2002).
cited Cited as authority (rule) James A. Birdette v. Saxon Mortgage
11th Cir. · 2012 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1297 (11th Cir.2002).
discussed Cited as authority (rule) SEC v. Microtune, Incorporated (2×)
5th Cir. · 2012 · confidence medium
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.
cited Cited as authority (rule) Stephen Cox v. Hon. Frank Mills, III
11th Cir. · 2012 · confidence medium
Trawinski v. United Tech., 313 F.3d 1295, 1299 (11th Cir.2002).
discussed Cited as authority (rule) Jussi K. Kivisto vs Miller, Canfield, Paddock & Stone, PLC
11th Cir. · 2011 · confidence medium
“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).
discussed Cited as authority (rule) Securities & Exchange Commission v. Huff
S.D. Fla. · 2010 · confidence medium
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 (11th Cir.2002).
discussed Cited as authority (rule) Securities & Exchange Commission v. Huff
S.D. Fla. · 2010 · confidence medium
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.2002).
discussed Cited as authority (rule) Harold B. Rotte v. Internal Revenue Service
11th Cir. · 2010 · confidence medium
“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).
discussed Cited as authority (rule) Zinnia I. Chen v. Hon. Kenneth R. Lester, Jr.
11th Cir. · 2010 · confidence medium
Plaintiffs’ Claims Under 42 U.S.C. §§ 1985-1986 “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; and (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.” Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir.2002) (quotation marks omitted).
cited Cited as authority (rule) Cook v. Randolph County, Ga.
11th Cir. · 2009 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir.2002) (quotation marks omitted).
discussed Cited as authority (rule) Lennon Anderson v. Vanguard Car Rental USA Inc.
11th Cir. · 2008 · confidence medium
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, 1297 (11th Cir.2002).
cited Cited as authority (rule) James E. Reed v. U.S. Postal Service
11th Cir. · 2008 · confidence medium
Trawinski v. United Technologies, 313 F.3d 1295, 1297 (11th Cir.2002).
discussed Cited as authority (rule) Delvecchio v. Smith
S.D. Fla. · 2008 · confidence medium
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. United States, 148 F.3d 1262, 1263 (11th Cir.1998)).
discussed Cited as authority (rule) Securities & Exchange Commission v. Alexander (2×) also: Cited "see, e.g."
unknown court · 2007 · confidence medium
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 Trawinski, 313 F.3d at 1298 .
cited Cited as authority (rule) White v. School Bd. of Hillsborough County
M.D. Fla. · 2007 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir.2002).
cited Cited as authority (rule) Joao Godoy v. Habersham County
11th Cir. · 2006 · confidence medium
Trawinski v. United Techs., 313 F.3d 1295, 1299 (11th Cir.2002).
discussed Cited as authority (rule) Jackson v. Secretary for Department of Corrections
11th Cir. · 2006 · confidence medium
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).
discussed Cited as authority (rule) Craig Galloway v. GA Technology Authority
11th Cir. · 2006 · confidence medium
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 the procedural rules governing the proper form of pleadings.
discussed Cited as authority (rule) Robert J. Heard v. Milton E. Buddy Nix, Jr.
11th Cir. · 2006 · confidence medium
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 States, 508 U.S. 106, 113 , 113 S.Ct. 1980, 1984 , 124 L.Ed.2d 21 (1993).
discussed Cited as authority (rule) Steven Earl Beaver v. Charles B. Welch
11th Cir. · 2006 · confidence medium
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).
discussed Cited as authority (rule) Moore v. Nelson
M.D. Ga. · 2005 · confidence medium
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: “(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; and (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 privile…
Retrieving the full opinion text from the archive…
Benon John TRAWINSKI, Irene Monahan Trawinski, Plaintiffs-Appellants,
v.
UNITED TECHNOLOGIES, Carrier Corporation, Et Al., Defendants-Appellees
02-13276.
Court of Appeals for the Eleventh Circuit.
Dec 3, 2002.
313 F.3d 1295
Benon John Trawinski, Irene Monahan Trawinski, Birmingham, AL, pro se., Robert H. Sprain, Jr., Sadler, Sullivan, Herring & Sharp, P.C., Birmingham, AL, for Carrier Corp., Leslie A. Caldwell, Lusk & McAlister, P.C., Birmingham, AL, for Weathertech Distributing Co., Inc., Jeffrey Edwin Friedman, Robert Gerald Boliek, Jr., Christopher John Zulanas, Friedman, Leak & Bloom, P.C., Birmingham, AL, for Standard Heating & Air Conditioning Co.
Birch, Carnes, Hull, Per Curiam.
Cited by 65 opinions  |  Published
PER CURIAM:

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.

1

. 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.
2

. 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.