Dist. Ct. did not err in dismissing as untimely plaintiffs’ section 1983 action alleging that defendant denied them due process by engaging in regulatory harassment of plaintiff’s strip mall that resulted in plaintiffs’ loss of potential tenants and ultimate foreclosure when plaintiffs failed to make certain mortgage payments on strip mall. Applicable limitations period was two years from accrual of claim, and Dist. Ct. could properly find that instant claim accrued at time plaintiffs still had possession of strip mall, i.e., at time foreclosure action had been filed or when receiver had been appointed to take control of strip mall approximately 2.5 years prior to filing of instant action. Ct. rejected plaintiffs’ argument that their claim did not accrue until state court had entered final judgment on foreclosure action, after observing that plaintiff had confused concept of eventual consequences of constitutional violation with knowledge of constitutional injury that starts limitations clock.
Federal 7th Circuit Court
Civil Court
Statute of Limitations