Wallace v. Kato
Wallace sued the city of Chicago under the federal civil rights statute, 42 U.S.C. § 1983, for violating his Fourth Amendment rights by falsely arresting him. Wallace was arrested in 1994 and convicted of first degree murder. In 1998, the Illinois Appellate Court found that the Chicago police arrested Wallace without probable cause and granted him a new trial. The prosecution dropped the case against Wallace in 2002. Wallace sued the city a year later, in 2003. The city moved for summary judgment, arguing that Wallace's suit was barred by a two year statute of limitations.
The district court granted Chicago’s motion for summary judgment. The court noted that Wallace needed to sue within two years of either the 1998 finding that his arrest was not valid or the 1994 arrest. Since both statutes of limitations had expired, the court did not decide which would apply. On appeal, the United States Court of Appeals for the Seventh Circuit affirmed, holding that the statute of limitations started running at the time of the false arrest.
Question Presented:
When does a claim for damages arising out of a false arrest or other search or seizure forbidden by the Fourth Amendment accrue when the fruits of the search were introduced in the claimant’s criminal trial and he was convicted?
