False Arrest Claims - Statute of Limitations

The United States Supreme Court recently held oral argument in Wallace v. City of Chicago, a case which arose out of the arrest of Andre Wallace on charges of murder. After being released from custody in 2002, Wallace filed suit against the City of Chicago and two detectives, alleging, among other things, a false arrest claim. The district court granted the defendants' motion for summary judgment on the false arrest claim, finding the claim to be time-barred. The Seventh Circuit affirmed, finding the statute of limitations had begun to run on the false arrest claim at the time of arrest. Wallace filed a petition for certiorari to the United States Supreme Court, challenging the Seventh Circuit's determination that his false arrest claim was time-barred and noting that other federal appeals courts have held that the statute of limitations does not begin to run on a false arrest claim until the underlying charges are dismissed. The United States Supreme Court granted Wallace's petition and oral argument was held on November 6, 2006. A decision on this important issue is expected by the Spring of 2007.
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