Richards v. Mitcheff

Dist. Ct. erred in dismissing as untimely prisoner's section 1983 action alleging that defendants-prison officials were deliberately indifferent to his medical needs where record showed that plaintiff was aware of medical misdiagnosis in October of 2008, but failed to file lawsuit until December 2010. Although 2-year limitations period applied, plaintiff alleged in complaint that he was physically incapacitated for period of time that would render instant complaint timely. Moreover, Dist. Ct. could not resolve issue of plaintiff's incapacity at early stage of proceedings where plaintiff's allegations of incapacity were at least plausible.