Dist. Ct. did not err in dismissing plaintiff’s section 1983 action alleging that defendants-police officials violated his constitutional rights when they arrested him on bogus traffic violation, where plaintiff filed instant lawsuit beyond applicable 2-year statute of limitations period. Record showed that on September 8, 2012, defendant was bound for trial on unlawful gun possession charge that arose out of traffic stop, and plaintiff did not file instant action until April 28, 2015. Moreover, neither equitable estoppel nor equitable tolling applied so as to render plaintiff’s complaint timely, even though plaintiff argued that defendant’s withholding of dash cam video of his arrest prevented him from filing timely lawsuit, since plaintiff still had seven months to file timely action at time he received said video.
Federal 7th Circuit Court
Civil Court
Section 1983 Action