| Docket: 13-1142 | Opinion Date: February 28, 2014 |
| Judge: per curiam |
| Areas of Law: Civil Rights, Constitutional Law, Criminal Law |
Bryant, riding his bike on a Chicago street, was stopped by police officers, searched without a warrant, and arrested for possessing a controlled substance. He was arraigned in September, 2010. He was released after the evidence was suppressed and the case dismissed. He is now in custody for a different crime. In 2012, Bryant filed suit under 42 U.S.C. 1983, alleging false arrest, false imprisonment, and malicious prosecution, and state law claims. He sought to compel disclosure of the identities of the police officers. The district court screened Bryant’s request to proceed in forma pauperis (28 U.S.C. 1915A) noting that the section 1983 claims were subject to a two-year limitations period. Bryant had until August 20, 2012, to file his false-arrest claim, September 23 for the false-imprisonment claim and December 13 for the malicious-prosecution claim. The filing date of the complaint was unclear. The court deemed it filed on September 18, the earliest date that Bryant could have given it to jail officials for mailing. The court observed that. Bryant’s malicious prosecution claim was not time-barred, but was not actionable in federal court, and that his remaining federal claims were time-barred. The court expressed doubt that Bryant could identify the arresting officers within the limitations period. The court ultimately dismissed, stating that incarceration did not constitute a disability to toll the limitations period, that Bryant’s “belated attempts” to identify his arresting officers were not grounds for equitable tolling, and that identifying the officers as Doe and Roe was insufficient. The Seventh Circuit vacated, finding that Bryant exercised reasonable diligence and that the court erred in disregarding his discovery request.
