Brown v. Dart, 120517 FED7, 16-4179
|Opinion Judge:||KANNE, CIRCUIT JUDGE|
|Party Name:||Milan James Brown, Plaintiff-Appellant, v. Thomas J. Dart and Cook County, Illinois, Defendants-Appellees.|
|Judge Panel:||Before Manion and Kanne, Circuit Judges, and Miller, District Judge.|
|Case Date:||December 05, 2017|
|Court:||United States Courts of Appeals, Court of Appeals for the Seventh Circuit|
Argued September 20, 2017
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 15 C 11835 - Edmond E. Chang, Judge.
Before Manion and Kanne, Circuit Judges, and Miller, District Judge. [*]
KANNE, CIRCUIT JUDGE
On July 19, 2013, Milan Brown was sentenced to 300 days' imprisonment for violating the terms of his probation. At the sentencing hearing, the Illinois circuit court specifically stated that Brown should be released in September 2013, after accounting for good-time credit. However, in August 2013, staff at the Cook County Jail informed Brown that he would not be released until March. On September 10, 2013, Brown filed a petition for a writ of habeas corpus in state court seeking to remedy the error, but staff at the jail allegedly failed to transport him to court on multiple occasions.
On December 16, 2013, the petition was finally heard. The Illinois circuit court determined Brown should have been released in September and immediately released him on a $50, 000 bond. On January 17, 2014, the court released the bond.
On December 30, 2015, Brown filed a § 1983 complaint in federal court against Sheriff Thomas Dart and Cook County alleging violations of the Fourth and Eighth Amendments based on false imprisonment and inhumane conditions. Brown also alleged a violation of Illinois state law based on false imprisonment. The defendants moved for judgment on the pleadings on the basis that all of Brown's claims were time barred. The district court entered judgment on the pleadings in favor of the defendants. On appeal, Brown challenges only the conclusion that his § 1983 false imprisonment claim was not timely filed. Because the county and Sheriff Dart released Brown from prison more than two years before he filed his claim, the district court's judgment will be affirmed.
The parties agree that Brown was to be released from the Cook County Jail on September 12, 2013,...
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