Dist. Ct. did not err in dismissing as untimely plaintiff’s section 1983 action, alleging that defendants-state’s attorney and police investigators violated his First Amendment rights by bringing criminal charges against him in retaliation for his previous unsuccessful campaign for state’s attorney. Dist. Ct. could properly find that applicable two-year limitations period had expired since said period began to run on date plaintiff was indicated and not when he was acquitted of said charges. Also, plaintiff could not seek appeal of Dist. Ct.’s dismissal of his 4th Amendment claim, alleging that he was subjected to pretrial detention without probable cause, where defendant conceded in his brief that under governing law, his claim was not timely, where it occurred more than two years prior to initiation of his lawsuit. Fact that Court in Thompson, 142 S. Ct. 1332, subsequently indicated that litigant needs to only show in 4th Amendment claim that his prosecution ended without conviction did not require different result, where defendant’s concession essentially waived issue on appeal.
Federal 7th Circuit Court
Civil Court
Statute of Limitations