Plainfield, IL asked in Civil Rights and Constitutional Law for Indiana

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

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.