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False Imprisonment Claim – Statute of Limitations

By: Derek Hawkins//December 13, 2017//

False Imprisonment Claim – Statute of Limitations

By: Derek Hawkins//December 13, 2017//

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7th Circuit Court of Appeals

Case Name: Milan James Brown v. Thomas J. Dart, et al.

Case No.: 16-4179

Officials: MANION and KANNE, Circuit Judges, and MILLER, District Judge.

Focus: False Imprisonment Claim – Statute of Limitations

On July 19, 2013, Milan Brown was sentenced to 300 days’ imprisonment for violating the terms of his probation. At the sentencing hearing, the Illinois circuit court specifically stated that Brown should be released in September 2013, after accounting for good‐time credit. However, in August 2013, staff at the Cook County Jail informed Brown that he would not be released until March. On September 10, 2013, Brown filed a petition for a writ of habeas corpus in state court seeking to remedy the error, but staff at the jail allegedly failed to transport him to court on multiple occasions.

On appeal, Brown challenges only the conclusion that his § 1983 false imprisonment claim was not timely filed. Because the county and Sheriff Dart released Brown from prison more than two years before he filed his claim, the district court’s judgment will be 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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