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Probable Cause
By: Derek Hawkins//August 16, 2016//
Listen to this article7th Circuit Court of Appeals
Case Name: Mark Rosado v. Billy Gonzalez, et al
Case No.: 15-3155
Officials: WOOD, Chief Judge, and EASTERBROOK and KANNE, Circuit Judges.
Focus: Probable Cause
Respondent suit against police officers were time barred.
“Rosado did not promptly file. There cannot be any dispute that Rosado knew the officers had fabricated probable cause by February 2014, when he received the dash cam video that showed his turn‐signal light blinking. At that point, he still had seven months to timely file suit. Rosado’s unexplained failure to file suit within the seven months remaining on the statute of limitations precludes the applicability of equitable tolling.3 See Cada, 920 F.2d at 453 (no equitable tolling where claimant had eight months remaining on statute of limitations).”
Affirmed
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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