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Due Process Violation – Time-barred

By: Derek Hawkins//January 10, 2018//

Due Process Violation – Time-barred

By: Derek Hawkins//January 10, 2018//

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7th Circuit Court of Appeals

Case Name: Clarence M. Easterling v. Michael Thurmer, et al.

Case No.: 17-1581

Officials: FLAUM, RIPPLE, and ROVNER, Circuit Judges.

Focus: Due Process Violation – Time-barred 

Clarence Easterling, a Wisconsin inmate, brought this action against correctional officials under 42 U.S.C. § 1983, contending that they violated his constitutional rights to due process of law and freedom of association by denying him visits with his daughter in 2004 and 2013. With respect to the claims based on 2004 events, the district court dismissed on the pleadings. It ruled that they were time‐ barred. With respect to the claims based on 2013 events, it later entered summary judgment for the defendants, concluding that other defenses blocked that claim.

The district court correctly ruled that Mr. Easterling’s claims arising out of actions taken in 2004 were barred by the statute of limitations. The remaining defendants permissibly denied him visits in 2013 because he did not use the correct procedure to request them. We also have considered Mr. Easterling’s other contentions, but none has merit. The judgment of the district court is therefore affirmed.

Affirmed

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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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