Dist. Ct. did not err in granting defendants-police officials’ motion to dismiss on timeliness grounds plaintiff’s section 1983 action, where, although plaintiff’s original complaint against “unknown police officers” was filed within applicable limitations period, plaintiff’s amended complaint, that included actual names of two officers whom plaintiff claimed were involved in car chase that resulted in shooting death of plaintiff’s son, was filed beyond applicable limitations period. Ct. rejected plaintiff’s claim that amended complaint was timely under notions of either equitable tolling or equitable estoppel, since: (1) plaintiff was aware of actual names of two officers allegedly involved in shooting incident three weeks before expiration of limitations period; and (2) plaintiff failed to present evidence that defendant-City had induced her into failing to file amended complaint within limitations period.
Federal 7th Circuit Court
Civil Court
Statute of Limitations