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Bernier v. Travelers Property Casualty Insurance Company — 2d Cir. (Sep 28, 2026)

No. 25-2888 Argued September 28, 2026 Published October 2, 2026

The Second Circuit hears a civil-rights appeal rooted in a California home-remodeling dispute. In 2007, Rejeanne Bernier's son removed her home's roof; rain damage led to a Travelers insurance claim and a lawsuit against him. Bernier and Hans Croteau say an improper court-filing restriction became a recurring obstacle in later litigation. In 2024, they sued Travelers in Connecticut, alleging it conspired with state officials to deny them access to court. Their Section nineteen eighty-three claim requires a violation of federal rights under state authority, including joint action with a private party. The district judge dismissed the claims as too late and insufficiently supported. Hans Croteau, representing himself, will argue that later restrictions caused new injuries and that he should be allowed to amend his complaint. The court must distinguish a new violation from an old violation's continuing effects. Accrual starts the filing clock; tolling pauses or extends it.

Bernier v. Travelers Property Casualty Insurance Company (No. 25-2888) — U.S. Court of Appeals for the Second Circuit, argued September 28, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Second Circuit (public domain, 17 U.S.C. § 105):https://ww3.ca2.uscourts.gov/audio/25-2888.mp3
Argument listing and date — Second Circuit:https://ww3.ca2.uscourts.gov/oral_arguments.html
District court dismissal order, August 15, 2025 — D. Connecticut, No. 3:24-cv-01061, Document 42:https://www.govinfo.gov/content/pkg/USCOURTS-ctd-3_24-cv-01061/pdf/USCOURTS-ctd-3_24-cv-01061-0.pdf
Earlier insurance appeal, September 14, 2015 — Ninth Circuit, No. 12-56126 (court opinion mirrored by Justia):https://cases.justia.com/federal/appellate-courts/ca9/12-56126/12-56126-2015-09-14.pdf?ts=1442260925
Appellate docket and advocate identities — Second Circuit (court docket mirrored by Justia):https://dockets.justia.com/docket/circuit-courts/ca2/25-2888
42 U.S.C. § 1983 — statute text, Cornell Legal Information Institute:https://www.law.cornell.edu/uscode/text/42/1983
Correctional Services Corp. v. Malesko, 534 U.S. 61 (2001) — Supreme Court opinion, GovInfo:https://www.govinfo.gov/content/pkg/USREPORTS-534/pdf/USREPORTS-534-61.pdf

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