Successful Dismissal of Civil Rights Action

Attorneys: Lemley, Brandon K.    Rettberg, Paul A.

Related Practices: Municipal


August 2007

Paul Rettberg and Brandon Lemley recently obtained a dismissal of a federal civil rights lawsuit brought by an arrestee against a regional municipality and three of its police officers. The Plaintiff, who was arrested in 2000, claimed that the defendants falsely arrested and imprisoned him, and that they used excessive force in effecting his arrest. The Plaintiff filed his lawsuit in 2003.

Although the Court initially held that the lawsuit might not be barred under a then-existing exception to the statute of limitations in claims under the Fourth Amendment, it subsequently dismissed the lawsuit in its entirety after Querrey & Harrow successfully argued that a recent U.S. Supreme Court case, Wallace v. Kato, controlled the statute of limitations analysis.

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