Dist. Ct. erred in dismissing as untimely, plaintiff-physician’s 2014 section 1983 action, seeking damages arising out of claim that defendant wrongfully suspended plaintiff’s physician’s license without giving prior hearing. Record showed that: (1) plaintiff initially filed federal lawsuit challenging instant five-year license suspension, which was dismissed under Younger abstention doctrine due to pendency of administrative appeal of plaintiff’s license suspension; and (2) plaintiff subsequently filed series of state-court actions challenging his suspension, which did not conclude until May of 2014, when circuit court found that plaintiff’s license should not have been suspended. While Dist. Ct. held belief that relevant two-year limitations period began in 1998, when license suspension was initially imposed, Ct. of Appeals found that instant section 1983 action did not accrue until May of 2014, where: (1) damages at issue in instant action were “off the table” until plaintiff finally had prevailed in state-court action in May of 2014; and (2) plaintiff could not have filed federal action until state court proceedings had been completed.
Federal 7th Circuit Court
Civil Court
Section 1983 Action