Liberty v. City of Chicago
2017 U.S. App. LEXIS 11410
| 7th Cir. | 2017Background
- June 16, 2013: Antwoyne Johnson was shot by Chicago police officers (later identified as Officers Mark Palazzolo and Eric Jehl) after fleeing a vehicle; he died of his injuries.
- March 23, 2015: Stacey Liberty (Johnson’s mother) sued under 42 U.S.C. § 1983 alleging excessive force, unlawful seizure, false arrest, due-process violations, and Monell claims against the City and unnamed officers.
- Liberty’s attorney subpoenaed City records; on May 26, 2015 the City produced Tactical Response Reports identifying Palazzolo and Jehl.
- Liberty amended her complaint on July 6, 2015 to name Palazzolo and Jehl; the statute of limitations for § 1983 claims in Illinois is two years, which expired June 16, 2015.
- The district court dismissed (1) Liberty’s Monell claims for failure to state a claim and (2) individual claims as time‑barred; Liberty appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness (statute of limitations) | Claims accrued June 16, 2013 but amendment relates back or otherwise should be allowed | Claims expired June 16, 2015; amended complaint filed after limitations period | Dismissal affirmed — claims time‑barred; accrual date fixed and amendment came too late |
| Equitable tolling | Liberty lacked essential information (officers’ identities) despite due diligence, so tolling applies | Liberty knew officers’ identities >3 weeks before limitations expired; tolling inappropriate | Tolling rejected — plaintiff had requisite information in time |
| Equitable estoppel | City's conduct (withholding information / statements by City counsel) induced failure to timely amend | City did not improperly induce delay; counsel’s statement was not assurance of abandoning defenses | Estoppel rejected — no evidence City induced delay or waived defenses |
| Reinstatement/claims against unknown officers and City (waiver) | Liberty seeks reinstatement of claims against unknown officers and City | City argues Liberty waived those claims by dropping unknown officers and not contesting district court dismissal | Waiver applies — arguments not raised below are forfeited; dismissal of those claims affirmed |
Key Cases Cited
- Rosado v. Gonzalez, 832 F.3d 714 (7th Cir.) (§ 1983 actions in Illinois borrow two‑year personal injury limitation)
- Arteaga v. United States, 711 F.3d 828 (7th Cir.) (accrual requires knowledge of injury and potential defendant)
- Ashafa v. City of Chicago, 146 F.3d 459 (7th Cir.) (standards for equitable tolling and equitable estoppel in § 1983 cases)
- King v. Kramer, 763 F.3d 635 (7th Cir.) (issues not raised in district court are waived on appeal)