By: WISCONSIN LAW JOURNAL STAFF//October 22, 2013//
United States Court of Appeals For the Seventh Circuit
Civil
Civil Rights — statute of limitations — malicious prosecution
Where the State seeks a retrial after a defendant’s conviction is reversed, the statute of limitations for a malicious prosecution action doesn’t begin to toll until the retrial is concluded.
“The defendants argued that Julian’s claim accrued when his conviction was reversed, which was way more than two years before he filed this suit. The district judge agreed. But she was mistaken. Under both state and federal law a malicious prosecution claim does not accrue until the criminal proceeding that gave rise to it ends in the claimant’s favor. Heck v. Humphrey, 512 U.S. 477, 484 (1994); Brooks v. Ross, 578 F.3d 574, 579 (7th Cir. 2009); Butt v. McEvoy, 669 N.E.2d 1015, 1017 (Ind. App. 1996); 3 Dan B. Dobbs et al., The Law of Torts § 590, p. 402 (2d ed. 2011); Restatement (Second) of Torts § 658 (1977). That didn’t happen until the charges against Julian were dismissed, and that was less than two years before he sued. Although his conviction had been reversed much earlier and the reversal affirmed, he had not been ordered acquitted; nor had the criminal charges against him been dropped—rather, the case had been remanded for a retrial. Until the retrial was held, and ended favorably to him, or the charges against him were dropped without a retrial, which is what happened, the criminal case had not terminated in his favor. Julian’s claim thus is timely.”
Reversed and Remanded.
Appeal from the United States District Court for the Southern District of Indiana, Pratt, J., Posner, J.