880 F. Supp. 2d 918
N.D. Ill.2012Background
- Woods, born Aug. 23, 1983, was placed at Lutherbrook by IDCFS in Aug. 1991 after removal from his birth home.
- LCFS supervised Lutherbrook; reports of sexual abuse by residents with inadequate staff supervision preceded Woods’s placement.
- In Oct. 1991, Woods was abused by a 13-year-old; Woods was removed for evaluation and later moved to other placements without counseling.
- Woods discovered the abuse's psychological impact in 2004; he is currently serving a sentence for aggravated criminal sexual assault.
- Woods filed a pro se §1983 complaint on Nov. 21, 2011, alleging failure to protect him from abuse in state custody.
- The court previously dismissed the suit as untimely under Illinois’ two-year personal injury statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What statute of limitations governs §1983 claim here | Woods seeks CSAA 20-year period | Illinois two-year personal injury limit governs | Two-year limit applies; CSAA not controlling |
| Is applying the two-year limit inconsistent with federal interests | Two-year limit would erode federal rights recovery for abuse victims | No inconsistency; Owens/ Wilson support two-year rule | Not inconsistent; two-year limit applies |
| Whether Owens framework allows an exception for childhood abuse claims | Footnotes and concurrence suggest CSAA may apply | Supreme Court rejected such exception; apply general rule | No exception; apply two-year limit |
| Whether discovery of injury in 2004 tolls or extends the limitations period | Discovery in 2004 should toll or extend | accrual in 2004 with no tolling under Illinois law | No tolling; accrual 2004; complaint timely? no; timely not met |
Key Cases Cited
- Owens v. Okure, 488 U.S. 235 (U.S. (1989)) (adopted bright-line rule: use forum state's general personal injury statute)
- Wilson v. Garcia, 471 U.S. 261 (U.S. (1985)) (rejects tort-by-tacts approach; adopt single SOL for §1983 claims)
- Burnett v. Grattan, 468 U.S. 42 (U.S. (1984)) (three-step borrowing framework; keep statutes consistent with federal goals)
- Kalimara v. Ill. Dept. of Corrections, 879 F.2d 277 (7th Cir. 1989) (confirms Owens Owens approach in Seventh Circuit)
- Ashafa v. City of Chicago, 146 F.3d 459 (7th Cir. 1998) ( affirms general or residual approach for §1983 in Illinois)
- Doe v. Bd. of Educ. Hononegah Comm. High School, 833 F. Supp. 1366 (N.D. Ill. 1993) (CSAA tolling not applicable to §1983 claim)