Savory v. Cannon

Dist. Ct. erred in dismissing as untimely plaintiff-former prisoner’s section 1983 action that was filed on January 11, 2017, alleging that: (1) defendants-police officials coerced plaintiff into giving false confession to double murder and maliciously prosecuting him on double murder charges that resulted in conviction and sentence of 40 to 80 years; (2) Governor of Illinois commuted plaintiff’s sentence in December of 2011; and (3) different Governor of Illinois on January 12, 2015 issued pardon that “acquitted and discharged” plaintiff’s convictions. Instant section 1983 claim was timely, since: (1) relevant limitations period was two years; (2) under Heck, 512 U.S. 477, plaintiff could not bring his section 1983 claim until he had obtained favorable termination of challenge to his conviction; and (3) instant section 1983 action did not accrue until plaintiff had received pardon on January 12, 2015, which would make instant claim timely. Ct. rejected defendants’ contention that limitations period began in 2011 when Governor commuted plaintiff’s sentence, since plaintiff’s murder convictions were still intact at that time. It also found that Heck's “favorable-termination” requirement still applied even in circumstances where plaintiff could not obtain habeas relief because his sentence had already been served.