Court Error – Statute of Limitations

By: Derek Hawkins//July 22, 2019//

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7^th Circuit Court of Appeals

Case Name: George Kiebala v. Derek Boris

Case No.: 17-3233

Officials: EASTERBROOK, HAMILTON, and SCUDDER, Circuit Judges.

Focus: Court Error – Statute of Limitations

Plaintiff‐appellant George Kiebala appeals from the dismissal of his complaint against defendant‐appellee Derek Boris. Kiebala contends the district court abused its discretion in failing to suggest how Kiebala, who represented himself in the district court, could amend his complaint to avoid dismissal. He also argues that the district court erred in holding that his libel claim is barred by the statute of limitations.

We affirm. District judges do not have an affirmative duty to coach or second‐guess the choices that parties, even pro se parties, make about how to litigate their cases. We also agree with the district court that the applicable Illinois statute of limitations bars Kiebala’s libel claim.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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