__NOTOC__ Wallace v. Kato, , was a United States Supreme Court case in which the court held that the statute of limitations on a §1983 claim seeking damages for a false arrest in violation of the Fourth Amendment, where the arrest is followed by criminal proceedings, begins to run at the time the claimant becomes detained pursuant to legal process and not when the charges based on the arrest are dropped..Avery, Michael. "Obstacles to Litigating Civil Claims for Wrongful Conviction: An Overview." BU Pub. Int. Lj 18 (2008): 439.Ketter, Christian. "" Black Lives Matter" and" The Blue Line" Clashed across the United States in 2020, Raising a Necessary Question for the US Supreme Court: Whether the Heck Doctrine Bars a Convict's Challenge for Equal Protection Claims of Racial-Profiling." Campbell L. Rev. 44 (2021): 35.Schwartz, Martin. "Section 1983 Civil Rights Litigation From the October 2006 Term." Touro L. Rev. 23 (2007): 827.Garibotto, Rebecca. "Section 1983 Claim Accrual Under Wallace v. Kato and the Need for Equitable Tolling." Seton Hall L. Rev. 42 (2012): 1261.
Background
In January 1994, Chicago police arrested Wallace, a minor, for murder. He was tried and convicted, but the charges were ultimately dropped in April 2002. In April 2003, he sued the city and several of its officers under 42 U. S. C. §1983, seeking damages for, among other things, his unlawful arrest in violation of the Fourth Amendment. The federal District Court granted respondents summary judgment, and the Seventh Circuit Court of Appeals affirmed, ruling that the §1983 suit was time barred because Wallace's cause of action accrued at the time of his arrest, not when his conviction was later set aside.
The Supreme Court granted certiorari.
Opinion of the court
The Supreme Court issued an opinion on February 21, 2007.
Later developments
References
External links