Ashafa v. City of Chicago
| Decision Date | 01 June 1998 |
| Docket Number | No. 97-2594,97-2594 |
| Parties | Kolawole ASHAFA, Plaintiff-Appellant, v. CITY OF CHICAGO; Matthew Rodriguez, Superintendent of the Department of Police for the City of Chicago; Matthew Craig; James Cruz; Ross Takaki; and Four Unnamed Police Officers, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Forrest L. Ingram (argued), Julie A. Klingbell Boynton, John O. Noland, Jr., Chicago, IL, for Plaintiff-Appellant.
Lawrence Rosenthall, Benna R. Solomon, Susan S. Sher, Meera Werth (argued), Patricia T. Bergeson, Carole B. Silver, Office of the Corporation Counsel, Appeals Division, Chicago, IL, for Defendants-Appellees.
Before WOOD, Jr., EASTERBROOK and ROVNER, Circuit Judges.
On March 20, 1997, Kolawole Ashafa filed a complaint under 42 U.S.C. § 1983, naming the City of Chicago, the Superintendent for the Department of Police for the City, three named Chicago police officers, and four unnamed police officers as defendants. Ashafa alleged that his constitutional rights were violated during a confrontation with police on August 11, 1994. The district court dismissed Ashafa's complaint for failure to file within the statutory period. Ashafa appeals, and for the reasons set forth below, we affirm.
Ashafa filed a § 1983 claim, naming the City of Chicago, the Superintendent for the Chicago Department of Police, and several named and unnamed police officers as defendants. Ashafa's complaint alleged the following scenario. On August 11, 1994, the car in which Ashafa was a passenger was stopped by four plain-clothed Chicago police officers. The officers ordered the four passengers to get out of the car. When the passengers asked the officers to identify themselves, one of the officers flashed a badge from his wallet too quickly to allow any of the passengers to determine the man's name or badge number. Ashafa was seated in the backseat of the car, and a child safety feature prevented him from opening his door from the inside. Once the door was opened, Ashafa complied with the officers' orders and exited the car, at which time three of the officers tripped, kicked, and beat Ashafa, falsely accusing him of drug dealing. Ashafa was then handcuffed, searched, and placed under arrest.
Ashafa was taken to a police station where the beatings continued. Ashafa was then placed in jail where he was denied medical care for the injuries he sustained from the beatings. Ashafa attempted to ascertain the names of the arresting officers and several other officers at the station house who Ashafa believed had violated his rights, but these requests were denied. While he was in jail, Ashafa learned that another detainee had been beaten by the same officers. Ashafa was released from jail the following morning. Upon his release, Ashafa obtained hospital treatment for his injuries. He spoke with someone associated with the police department in another attempt to determine the names of the officers involved. This person refused to provide Ashafa with the officers' names, but informed him that a complaint would be filed with the Office of Professional Standards ("OPS").
Ashafa never saw the OPS complaint; however, OPS did conduct an investigation into the incident. On September 29, 1994, OPS sent Ashafa a letter informing him that there was not sufficient evidence to either prove or disprove his allegations and that the investigation was being terminated. Ashafa tried repeatedly to obtain the names of the officers from the department, but his attempts were unsuccessful. The department informed Ashafa that it would not release the information without a subpoena. On March 21, 1995, Ashafa filed a verified petition under Fed.R.Civ.P. 27 to obtain the names of the officers involved. On May 4, 1995, at the hearing on the petition, the police department provided Ashafa with three of the seven names he requested. Ashafa filed his § 1983 action on March 20, 1997.
On April 3, 1997, defendants filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) based on Ashafa's failure to file suit within the two-year period set out in the statute of limitations. The district court granted the motion and dismissed Ashafa's complaint.
We review the district court's decision to dismiss Ashafa's complaint pursuant to Fed.R.Civ.P. 12(b)(6) de novo. Since the district court granted judgment on the pleadings, we must accept the allegations in Ashafa's complaint as true. See Baskin v. City of Des Plaines, 138 F.3d 701, 702-03 (7th Cir.1998). Ashafa raises three arguments on appeal. First, Ashafa urges this court to adopt a five-year statute of limitations for actions under § 1983 in place of the two-year period which we currently use. Alternatively, he asserts that, even if the shorter statute of limitations applies, the doctrine of equitable estoppel bars the appellees from asserting the statute of limitations as a defense. Finally, Ashafa contends that he is entitled to equitable tolling of the statute of limitations period. We review Ashafa's claims separately.
Section 1983 does not contain an express statute of limitations. In order to determine the proper statute of limitations for § 1983 actions, a federal court must adopt the forum state's statute of limitations for personal injury claims. Wilson v. Garcia, 471 U.S. 261, 276, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). This circuit has consistently held that the appropriate statute of limitations for § 1983 cases filed in Illinois is two years as set forth in 735 ILCS § 5/13-202 ("sec.202"). See, e.g., Lucien v. Jockisch, 133 F.3d 464, 466 (7th Cir.1998); Booker v. Ward, 94 F.3d 1052, 1056 (7th Cir.1996); Palmer v. Board of Education, 46 F.3d 682, 684 (7th Cir.1995); Farrell v. McDonough, 966 F.2d 279, 282 (7th Cir.1992); Kalimara v. Illinois Dep't of Corrections, 879 F.2d 276, 277 (7th Cir.1989). Ashafa contends that, under Owens v. Okure, 488 U.S. 235, 109 S.Ct. 573, 102 L.Ed.2d 594 (1989), these holdings are erroneous and asks us to overrule them. He asserts that this court should instead adopt the five-year statute of limitations set forth in 735 ILCS § 5/13-205 ("sec.205").
In Owens, the Supreme Court held that when a state has multiple statutes of limitations for personal injury actions, federal courts should apply the residual or general statute of limitations for personal injury actions for § 1983 purposes. Owens, 488 U.S. at 250, 109 S.Ct. 573. The Court noted that this holding was "fully consistent" with Wilson's rejection of state "catchall" limitations provisions as appropriate in § 1983 actions. Id. at 250 n. 12, 109 S.Ct. 573. Under Owens, "[c]ourts should resort to residual statutes of limitations only where state law provides multiple statutes of limitations for personal injury actions and the residual one embraces, either explicitly or by judicial construction, unspecified personal injury actions." Id.
Ashafa asserts that § 205, not § 202, is the Illinois general or residual statute for personal injury suits. We rejected this argument in Kalimara, stating that the issue was "well settled" and declining to reopen it. Kalimara, 879 F.2d at 277. Ashafa cites several pre-Kalimara district court cases, Johnson v. Arnos, 624 F.Supp. 1067 (N.D.Ill.1985), Shorters v. City of Chicago, 617 F.Supp. 661 (N.D.Ill.1985), and Doe v. Calumet City, 707 F.Supp. 343 (N.D.Ill.1989), to support his contention. However, to the extent that these cases conflict with Kalimara, the reasoning in Kalimara prevails. Notably, this court has expressly disapproved of the rationale used in Johnson and Shorters. Kalimara, 879 F.2d at 277.
We remain convinced that § 202 is the type of general or residual statute of limitations for personal injury actions described in Wilson and Owens. By its express language, § 202 applies generally to "actions for damages for an injury to the person." 735 ILCS 5/13-202. Section 205, on the other hand, does not mention personal injuries and is truly a "catchall" statute, applicable not only to personal injury suits but to all other civil actions as well. Ashafa contends that the Illinois Supreme Court has stated that § 205 is "the general statute relating to personal injury actions." Ashafa cites Mitchell v. White Motor Co., 58 Ill.2d 159, 317 N.E.2d 505, 507 (1974), to support his judicial construction argument. Ashafa's reliance on Mitchell is misplaced and ignores other contrary Illinois Supreme Court precedent. For example, in Hernon v. E.W. Corrigan Constr. Co., 149 Ill.2d 190, 172 Ill.Dec. 200, 595 N.E.2d 561 (1992), the court referred to § 202 as "the general statute of limitations for personal injuries set out in section 13-202." Id. 595 N.E.2d at 563. Ashafa's judicial construction argument fails.
Therefore, under the analysis outlined in Owens, the correct statute of limitations for § 1983 actions filed in Illinois is two years as set forth in § 202. Since Ashafa's action was filed more than two and a half years after the alleged violation, it is time-barred unless Ashafa can demonstrate some way to avoid the expiration of the statutory period.
Equitable estoppel prevents a party from asserting the expiration of the statute of limitations as a defense when that party's improper conduct has induced the other into failing to file within the statutory period. Ashafa argues that the City should be equitably estopped from raising the statute of limitations as an affirmative defense based on its refusal to provide Ashafa with the names of the officers who allegedly violated his constitutional rights.
Current Seventh Circuit law holds that in cases in which federal courts borrow state statutes of limitations, federal, rather than state, estoppel law applies. See Smith v. City of Chicago Heights, 951 F.2d 834, 841 (7th Cir.1992). Ashafa argues that when courts borrow state statutes of...
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