Dist. Ct. erred in dismissing as untimely plaintiff’s section 1983 action alleging that defendants-police officials violated his 4th Amendment rights by submitting false police reports that led to generation of felon in unlawful possession of firearm and armed habitual criminal charges, as well as trial court’s finding of existence of probable cause with respect to said charges and plaintiff's 2-year pretrial incarceration prior to dismissal of said charges. Under Manual, 903 F.3d 667, instant complaint alleging 4th Amendment violation was timely, since it was filed within two years after he had been released from said detention. However, Dist. Ct. did not err in dismissing plaintiff’s related 14th Amendment due process claim arising out of same alleged misconduct, since any claim alleging that form of legal process that resulted in pretrial detention that was unsupported by probable cause rests exclusively with 4th Amendment.
Federal 7th Circuit Court
Civil Court
Section 1983 Action