Devbrow v. Kalu

Federal 7th Circuit Court
Civil Court
Statute of Limitations
Case Number: 
No. 12-2467
Decision Date: 
February 1, 2013
Federal District: 
S.D. Ind., Indianapolis Div.
Dist. Ct. erred in dismissing as untimely plaintiff-prisoner’s section 1983 action alleging that defendants-prison doctors and nurse were deliberately indifferent to his medical needs by delaying certain medical tests that would have timely discovered his prostate cancer. Two-year statute of limitations period for section 1983 deliberate-indifference case does not begin until plaintiff knows of his injury and its cause, and plaintiff’s limitation period did not begin until he learned of his cancer diagnosis, which was within two years of filing of instant action.