Dist. Ct. did not err in dismissing on timeliness grounds plaintiff’s section 1983 action alleging that defendants committed false imprisonment, where they failed to release him on expiration of his 300-day sentence. Record showed that on December 16, 2013 trial court granted plaintiff’s petition for writ of habeas corpus, after finding that plaintiff should have been released in September of 2013 and immediately released him on $50,000 bond, which was subsequently released on January 17, 2014. As such, instant claim was time-barred, where defendant filed instant action on December 30, 2015, which was more than two years after any false imprisonment ended on December 16, 2013. Ct. rejected plaintiff’s claim that time spent on bond was continuation of his false imprisonment which lasted until bond was released on January 14, 2014.
Federal 7th Circuit Court
Civil Court
Prisoners