Woods v. Ill. Dept. of Children and Family Services

Dist. Ct. did not err in dismissing as untimely plaintiff’s section 1983 action against defendants-Ill. Dept. of Children and Family Services and others involved in plaintiff’s placement as minor into residential treatment facility, where plaintiff claimed that he was sexually assaulted, at age 8, by another minor at said facility. While plaintiff argued that 20-year limitations period contained in Ill. Childhood Sexual Abuse Act applied, Ct. found that two-year limitation period for general personal injury actions applied to all section 1983 actions alleging personal injuries, including instant claim involving allegations of failure to protect plaintiff from childhood sexual abuse. Moreover, 11th Amendment barred plaintiff’s claim against instant state agency, even though state made only cursory reference to 11th Amendment in its brief.