Delbert Heard v. Willard Elyea, 525 F. App'x 510

Heard, a prisoner, sued multiple state actors under 42 U.S.C. §1983 over alleged inadequate medical care at Menard Correctional Center.
The district court granted summary judgment to Elyea (former medical director) while allowing other defendants to proceed or settle; Elyea’s judgment became final.
Elyea, as head of a department and not Heard’s treating physician, faced potential vicarious liability issues under Ashcroft v. Iqbal, but the court needed only consider timeliness.
Heard’s surgery for two painful hernias occurred in May 2007; the claim accrued, for purposes of the Illinois two-year statute, on the date of surgery.
Heard filed suit three days short of two years after the surgery; Elyea had retired three weeks earlier, and the district court held accrual occurred no later than retirement.
The court concluded Heard’s claim was untimely under the Illinois two-year limit and affirmed the dismissal as to Elyea.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did accrual occur at retirement, making Heard's claim untimely?	Heard argued ongoing injury accrual could be delayed.	Elyea’s retirement triggered accrual, barring the suit.	Accrual occurred at retirement; untimely.
Does the continuing violation doctrine toll accrual in this case?	Heard relied on a continuing violation theory for delayed accrual.	No lasting continuing-violation toll applicable to accrual after retirement.	Doctrine not needed to reach untimeliness; claim barred anyway.
Is the suit timely under the applicable statute of limitations for §1983 claims against a former supervisor?	Heard’s claim should be timely if accrual were earlier or tolled.	Two-year statute runs from accrual, here tied to retirement, leading to time bar.	Timeliness resolved against Heard.

Wilson v. Garcia, 471 F.3d 261 (U.S. 1985) (statutory accrual general rule for personal injury suits)
Devbrow v. Kalu, 705 F.3d 765 (7th Cir. 2013) (accrual in §1983 action clarified)
Heard v. Sheahan, 253 F.3d 316 (7th Cir. 2001) (resignation/retirement triggers accrual even with ongoing injury)
Shomo v. City of New York, 579 F.3d 176 (2d Cir. 2009) (accumulated damages and accrual timing; supervisory liability context)
Hensley v. Columbus, 557 F.3d 693 (6th Cir. 2009) (alternative accrual timing framework for continuing violations)
Hall v. Norfolk Southern Ry., 469 F.3d 590 (7th Cir. 2006) (plaintiff bears responsibility to identify proper defendant before limitations period expires)
United States v. Kubrick, 444 U.S. 111 (U.S. 1979) (injury accrual generally occurs at the beginning of injury, not its end)
National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (continuing-violation concept limits; discovery rule considerations)
Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (U.S. 2007) (discussion on continuing violation and statute timing post-Morgan)
Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009) (limits vicarious-liability assumptions for §1983 suits)