Dist. Ct. did not err in dismissing as untimely plaintiff’s section 1983 action alleging that defendants-police officials violated his 4th Amendment rights by keeping him in pre-trial detention based on fabricated evidence. Record showed that plaintiff was released on bond on March 29, 2014, and plaintiff filed instant action on July 18, 2018. As such, instant action was untimely, where: (1) plaintiff had two-year limitation period to file instant claim; and (2) plaintiff’s action accrued on date of his release on bond, as opposed to date that defendant was acquitted on charges at trial. Ct. also rejected plaintiff’s claim that his case was timely because his bond conditions, which required that he attend future court hearings and that he request permission prior to leaving Illinois, constituted “seizure” for time period leading up to his trial.
Federal 7th Circuit Court
Civil Court
Section 1983 Action