· 11/29/2001
Shaun R. Johnson v. Officer Ruben Rivera, Officer Matthew Martinez, Officer Geoffrey Howard, and Officer William Pellegrini
Citations
- 272 F.3d 519
- 2001 U.S. App. LEXIS 25402
- 2001 WL 1512936
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that federal courts adopt the forum state’s statute of limitations for personal injury claims, which is two years in Illinois
- holding “[t]here can be no question that a federal court applying Illinois law must toll the statute of limitations if a ‘statutory prohibition’ exists that prevents a plaintiff’s cause of action.”
- noting that tolling applies “while a prisoner completes the administrative grievance process”
- the statute of limitations will be tolled during the time the time a plaintiff is exhausting related administrative remedies
- “Section 1983 does not contain an express statute of limitations, so federal courts adopt the forum state’s statute of limitations for personal injury claims.”
- “We thus hold that in the ordinary case, a fed- eral court relying on the Illinois statute of limitations in a § 1983 case must toll the limitations period while a prisoner completes the administrative grievance process.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Flaum, Posner, Kanne
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.