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Martinez v. City of New York

United States District Court, S.D. New York
Feb 22, 2007
476 F. Supp. 2d 330 (S.D.N.Y. 2007)

Summary

finding false arrest claim time-barred where the plaintiff knew or had reason to know of the alleged false arrest on the date of the incident

Summary of this case from Morris v. Martin

Opinion

No. 06 CIV. 13649.

February 22, 2007.

Charles Martinez, Brooklyn, NY, pro se.


DECISION AND ORDER


Upon reviewing of the complaint of plaintiff Charles Martinez ("Martinez") in this case the Court noted that plaintiff alleges that the false arrest and false imprisonment on assault charges upon which his claims herein are based occurred on July 30, 2002 and that the charges were dismissed on December 11, 2003. The Court construes Martinez's claims as asserting claims for violations of constitutional rights under 42 U.S.C. § 1983 ("§ 1983"). The statute of limitations for an action asserting false arrest/false imprisonment pursuant to § 1983 is three years, commencing from the date that plaintiff knew or objectively had reason to know of the alleged violation. See Jaghory v. New York State Dept. of Educ., 131 F.3d 326, 331 (2d Cir. 1997); Veal v. Geraci, 23 F.3d 722, 724 (2d Cir. 1994). The date when charges are dismissed does not determine when the plaintiff obtains sufficient knowledge of the violation. See Wallace v. Kato, 549 U.S. ___, No. 05-1240 (February 21, 2007) (holding that the limitations period for false imprisonment begins to run when the victim is no longer falsely imprisoned — i.e., he becomes held pursuant to legal process — and not when charges against him are dropped). Here, Martinez knew or had reason to know of the alleged false arrest he complains as of the date of the incident he describes — July 30, 2002. His complaint was filed on December 1, 2006, well in excess of the three-year limitation period, and gives no indication of any grounds that may support equitable tolling of the statute. See Walker v. Jastremski, 430 F.3d 560, 564 (2d Cir. 2005); Doe v. Menefee, 391 F.3d 147, 159 (2d Cir. 2004).

Accordingly, it is hereby

ORDERED that Clerk of Court is directed to enter judgment dismissing this action, provided, however, that within twenty (20) days of this Order plaintiff may petition the Court to reopen the case upon showing good cause why the case was not commenced within the applicable statute of limitations period.

SO ORDERED.


Summaries of

Martinez v. City of New York

United States District Court, S.D. New York
Feb 22, 2007
476 F. Supp. 2d 330 (S.D.N.Y. 2007)

finding false arrest claim time-barred where the plaintiff knew or had reason to know of the alleged false arrest on the date of the incident

Summary of this case from Morris v. Martin

applying Wallace to false imprisonment claim

Summary of this case from Culpepper v. City of N.Y.

noting that the statute of limitations commences "from the date that plaintiff knew or objectively had reason to know of the alleged violation"

Summary of this case from Rashid v. City of N.Y.
Case details for

Martinez v. City of New York

Case Details

Full title:CHARLES C. MARTINEZ, Plaintiff, v. THE CITY OF NEW YORK; NEW YORK POLICE…

Court:United States District Court, S.D. New York

Date published: Feb 22, 2007

Citations

476 F. Supp. 2d 330 (S.D.N.Y. 2007)

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