Jose Lopez Civil Rights Lawsuit Is Dismissed Due To Statute Of Limitations

Judge Der-Yeghiayan has dismissed the civil rights lawsuit filed by plaintiff Jose Lopez, stating: "Plaintiff has filed a cause of action pursuant to 42 U.S.C. 1983. Plaintiff has alleged that he was 'arrested and charged' sometime in 2002. (Compl. Par. 7). Plaintiff also alleged that '[a]fter serving several years in jail . . . Plaintiff was tried on the false charges in 2005, whereupon Plaintiff was acquitted of murder.' (Compl. Par. 9). Plaintiff filed the instant action in the Northern District of Illinois on November 15, 2006. Thus, pursuant to the United States Supreme Court's decision in Wallace v. Kato, 127 S.Ct. 1091 (2007), the instant action is time-barred by the applicable statute of limitations and we dismiss the instant action." Plaintiff Jose Lopez  was represented by Jon Loevy and Jon Rosenblatt from Loevy & Loevy. The defendants, the City of Chicago and Chicago Police Officers Robert Gliwa, James K. Sanchez, Adrian Garcia, Michael Pietryla and Thomas Flaherty, were represented by Andrew Hale and Eileen Rosen of Rock Fusco, LLC.

US Supreme Court Affirms Wallace v. Kato Ruling

The United States Supreme Court has affirmed the Seventh Circuit's holding in Wallace v. Kato, et al. The Supreme Court, in an opinion authored by Justice Scalia, held that the statute of limitations upon a section 1983 claim seeking damages for false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to to legal process. As background, in January 1994, the Chicago police arrested Wallace for murder. He was tried and convicted, but the charges were later dropped in April 2002. In April 2003, Wallace filed suit under section 1983 against the City of Chicago and several police offices , seeking damages for, among other things, his alleged unlawful arrest in violation of the Fourth Amendment. The District Court granted summary judgment and the Seventh Circuit affirmed, ruling that the section 1983 suit was time barred because Wallace's cause of action accrued at the time of his arrest,  not when his conviction was later set aside. In a written opinion dated February 21, 2007, the United States Supreme Court affirmed the Seventh Circuit's ruling. The case was argued before the Supreme Court by Benna Ruth Solomon on behalf of the City of Chicago.