Q: Hello, can someone help me determine what the tolling period would be in a civil rights action against a corporation
This case has been ongoing since January 12, 2021. Does the tolling period begin when the case is dismissed, or when the indictment is filed? This case will be dismissed on August 8, 2024. Is there different tolling when the defendants are employees of a company, rather than state actors, police or prosecutors? I’m looking at Manuel v Joliet. 137 S. Ct. 911. Even thought Indiana has a two year statute of limitations, this case is being dismissed this August. How would the statute of limitations apply when a case has not concluded? If I had filed within this two year period, the case would have still been ongoing. Manuel states that in order for an individual to pursue a 1983 the case must terminate in their favor, which in August of this year I will have. Manuel also discusses that it’s the Fourth Amendment, not due process which is the constitutional protection protecting individuals after legal process has started. Would Meijer be held to a different standard? Thank you
A:
In civil rights actions, the tolling period, which pauses the statute of limitations, often starts when the underlying criminal case is resolved favorably for the plaintiff. This is grounded in the principle set by the Supreme Court in Manuel v. Joliet, which requires that a wrongful conviction or legal process must conclude in a way that favors the plaintiff before they can pursue a claim under Section 1983.
For your case that has been ongoing since January 2021 and is set to be dismissed in August 2024, the tolling of the statute of limitations would likely begin at the dismissal if it concludes in your favor. This dismissal effectively ends the legal process that's been hindering your ability to file a civil rights claim. This approach aligns with the ruling in Manuel, which emphasizes the necessity of a favorable termination before proceeding with certain constitutional claims.
Regarding the difference in defendants—whether they are state actors or employees of a corporation—the basic principles of tolling and the statute of limitations apply similarly. However, if your case involves corporate defendants rather than state actors, you should examine specific state laws and any relevant case law that might alter how the statute of limitations is calculated or any exemptions that may exist. It's important to consult with a legal professional who can provide guidance tailored to the specifics of your situation, especially in complex cases involving both corporate entities and civil rights issues.
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