Dist. Ct. erred in dismissing as untimely plaintiff’s section 1983 action alleging that defendant-police officials violated his 5th Amendment rights by interrogating him without providing Miranda warnings and then giving testimony about his unwarned statements at his 2007 and 2012 trials that resulted in convictions that were reversed in 2010 and 2014 respectively. Under Heck, plaintiff was barred from proceeding on any 1983 claim alleging instant 5th Amendment violation (and hence any limitations period did not start) until conviction where his statements were used was overturned. As such, plaintiff’s claim for use of said statements at his 2007 trial was time barred, because that conviction was reversed in 2010, or more than two years after instant action was filed in 2015. However, defendant’s claim with respect to his 2012 trial was timely, since that conviction was overturned in 2014. Ct. noted, though, that defendants would be free to assert any claim preclusion affirmative defense, where trial court had previously rejected in criminal proceeding plaintiff’s claim either that defendants had taken his statements without previously giving him Miranda warnings, or that he was in custody at time certain statements were made.
Federal 7th Circuit Court
Civil Court
Fifth Amendment