Summary
The United States District Court for the Southern District of Illinois dismissed Shung Moore’s 42 U.S.C. § 1983 action concerning allegedly frigid segregation-cell conditions at Shawnee Correctional Center. The court held that the claims were filed beyond Illinois’s two-year statute of limitations for personal-injury actions and dismissed the complaint with prejudice. The court directed the Clerk to close the case and enter judgment.
Holdings
- The claims were time-barred because Illinois's two-year statute of limitations for personal-injury actions applies to the § 1983 claims, and Moore filed suit more than two years after the alleged injuries.
- A district court may dismiss a complaint during threshold screening when the plaintiff pleads facts establishing that the claims are legally time-barred.
Questions Presented
- Whether the prisoner's § 1983 claims arising from alleged unconstitutional living conditions and differential treatment were barred by the applicable two-year statute of limitations.
- Whether the district court could dismiss the complaint with prejudice during § 1915A screening because the complaint's allegations established that the claims were untimely.
Disposition
dismissed
Cases Cited (5)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Chambers v. Cross, 788 F. App'x 1032, 1033 (7th Cir. 2019)(followed)
- Cesal v. Moats, 851 F.3d 714, 721-22 (7th Cir. 2017)(followed)
- O'Gorman v. City of Chicago, 777 F.3d 885, 888-89 (7th Cir. 2015)(followed)
- Hollander v. Brown, 457 F.3d 688, 691 n. 1 (7th Cir. 2006)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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