Seventh Circuit Affirms Dismissal Of False Arrest Claim

Plaintiff Prince Foryoh alleged that on July 10, 2001 the police stopped his car without reason and arrested him using excessive force. Foryoh was released a few hours later and criminal charges were filed but later dismissed. Plaintiff filed suit on May 18, 2005 under 42 USC 1983 against Regina Hannah-Porter, one of the arresting officers. The Seventh Circuit held that plaintiff's claim for wrongful arrest accrued when he was released from custody on July 10, 2001, citing the Supreme Court's recent decision in Wallace v. Kato. The court also held that plaintiff's claims based on excessive force and unlawful search accrued a few hours earlier the same day, as soon as plaintiff sustained injury for those alleged wrongs. The court confirmed that the time limit for Section 1983 claims in Illinois is two years, not the five-year residual statute of limitations that plaintiff had argued should apply.
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