Cardenas v. City of Chicago

In section 1983 action alleging that defendant-police officer unlawfully searched plaintiff's residence, Dist. Ct. did not abuse its discretion in dismissing case under Rule 12(b)(5) due to plaintiff's failure to timely serve police officer with copy of complaint. Under Fed. R. Civ. P. 4(m), plaintiff was required to serve instant complaint within 120 days of filing lawsuit, and record showed that plaintiff did not obtain service on defendant until 525 days after instant lawsuit had been removed to federal court. Fact that plaintiff had made only one prior attempt to serve defendant (i.e. on Police Superintendent), or that instant dismissal occurred after expiration of relevant statute of limitations period did not require different result given length of instant delay, and given fact that Police Superintendent had no authority to accept service on behalf of police officer.