Dist. Ct. erred in dismissing as time-barred plaintiff’s section 1983 action, alleging that defendants-police officials and others violated his 5th and 14th Amendment rights by coercing false confession to murder charges and maliciously prosecuting him on said charges, which led to conviction on said murder charges, where Dist. Ct. found that instant claim should have been brought within two years from December of 2011, when plaintiff’s parole on said charges was terminated. Ct of Appeals found that under Heck, 512 US 477, plaintiff could not bring his section 1983 claims unless and until he obtained favorable termination of challenge to his murder convictions, and that instant section 1983 action was timely, since it was filed within two years of when defendant had received general pardon on his murder convictions in 2015. Ct. further acknowledged that certain prior cases suggested that release from custody and unavailability of habeas relief, which was situation facing plaintiff in 2011, meant that section 1983 relief was available to plaintiff at that time. However, Ct. disavowed such language in instant opinion. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Statute of Limitations