Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

WGRZYN v. LL. DPT. F CHLDRN AMP; FMLY SRV.

January 30, 1986

MARY J. WEGRZYN, PLAINTIFF,
v.
ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND GORDON JOHNSON, INDIVIDUALLY, THOMAS WARD; MARTIN LOHMANN; JOAN KELLY; AND WILLIAM ST. ARNOLD, DEFENDANTS.



The opinion of the court was delivered by: Mihm, District Judge.

ORDER

This case is before the Court on the Defendants' motion to dismiss the suit against the Defendants Lohmann, Ward, St. Arnold, and Kelly as barred by the statute of limitations. The motion to dismiss raises two issues with regard to the statute of limitations question. The first issue is what is the appropriate statute of limitation for a civil rights action brought in Illinois pursuant to 42 U.S.C. § 1983 in light of the Supreme Court's decision in Wilson v. Garcia, ___ U.S. ___, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985). The second issue is whether the Court should give the statute of limitation retroactive or prospective relief if the Court decides that the appropriate limitation period under Wilson represents a change from past law.

The Plaintiff, Mary J. Wegrzyn, filed her original complaint on April 30, 1985. The complaint contained two counts. Count I was a Title VII count claiming sex discrimination by the Department of Children and Family Services (DCFS) against the Plaintiff. Count II was a claim against Defendant Gordon Johnson, Director of DCFS, alleging that Johnson had defamed the Plaintiff by publicly announcing that the Plaintiff and a co-worker had been fired by DCFS and that DCFS had taken other disciplinary action against the Plaintiff and the co-worker because of the death of a child.

On August 28, 1985, the Plaintiff filed her first amended complaint which included five counts. Like the original complaint, the amended complaint asserts claims against the DCFS and the Defendant Gordon Johnson. The first amended complaint also asserts claims against the individual Defendants Thomas Ward, Martin Lohmann, Joan Kelly, and William St. Arnold, who were not named in the original complaint.

Count I of the first amended complaint is a 42 U.S.C. § 1983 claim based upon the First and Fourteenth Amendments to the United States Constitution in which the Plaintiff alleges that the Defendants willfully and maliciously conspired to discriminate and retaliate against the Plaintiff as a result of her exercise of her free speech rights. Count II of the amended complaint is also brought under § 1983 and is a claim of sex discrimination brought pursuant to the Fourteenth Amendment to the United States Constitution. In count III of the complaint, the Plaintiff brought another § 1983 action in which she alleges that the Defendants did not give her pre-disciplinary hearings which meet the fundamental prerequisites of due process as guaranteed by the Fifth and Fourteenth Amendments of the United States Constitution. These first three counts of the amended complaint were brought against the five individually named Defendants and the DCFS.

Count IV is a § 1983 action based upon the Fifth and Fourteenth Amendments to the United States Constitution in which the Plaintiff reasserts her allegations that Defendant Johnson had made defamatory statements about the Plaintiff to the news media. Count V is a Title VII action brought pursuant to 42 U.S.C. § 2000e et seq., against the DCFS, alleging that the Defendant had harassed the Plaintiff because the Plaintiff opposed the unlawful employment practices to which her coworker was subjected. The Defendants' motion to dismiss based upon the statute of limitations does not address these last two counts, nor the portions of the previous three counts brought against Defendant Johnson or the DCFS.

In their motion to dismiss Defendants Ward, Lohmann, Kelly, and St. Arnold, the Defendants take the position that the case of Wilson v. Garcia, ___ U.S. ___, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), establishes a two year statute of limitation for a civil rights action in the State of Illinois pursuant to Ill.Rev.Stat. ch. 110, ¶ 13-202 (1983). The Defendants point out that the Plaintiff admitted in her complaint that her employment with the DCFS ended on August 5, 1983. However, the Plaintiff did not file her amended action which, for the first time, named the Defendants Ward, Lohmann, Kelly, and St. Arnold, until August 28, 1985. The Defendants argue that the complaint alleges unconstitutional actions which occurred prior to August 5, 1983, when the Plaintiff left the DCFS. Therefore, the claims must be barred because they were not filed within the two year limitation period.

The Plaintiff responds to this argument in a number of different ways. First, the Plaintiff claims that her complaint states a continuing course of conduct in violation of 42 U.S.C. § 1983 which began in 1980 and continued through March, 1984. As a result of this continuing course of conduct, Plaintiff alleges that she has suffered damage to her reputation and career opportunities which occurred after she was forced to leave the DCFS. Because of this continuing course of conduct, the Plaintiff argues that the date of August 5, 1983, is not the date the Court should look at in determining when the statute of limitation began to run.

Second, the Plaintiff argues that the United States Supreme Court decision in Wilson v. Garcia, ___ U.S. ___, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), did not expressly mandate that Illinois use a two year statute of limitation for civil rights actions filed within the state. Rather, argues the Plaintiff, Wilson only requires that each state apply the most appropriate statute of limitation for civil rights actions. Civil rights actions encompass far more types of claims than just personal injury actions. Therefore, in Illinois, the most appropriate statute would be the five-year limitation period for "civil actions not otherwise provided for." Ill.Rev.Stat. ch. 110, ¶ 13-205 (1983).

Finally, the Plaintiff argues that even if the Court decides that the two year statute of limitation period is appropriate for civil rights actions in Illinois, the Court should refrain from applying it on the facts of this case because the statute would result in substantial inequities to the Plaintiff.

The Court will address first the question of whether the statute of limitations for civil rights actions in Illinois is a two year or five year period. The Court has carefully considered the Supreme Court's decision in Wilson v. Garcia, ___ U.S. ___, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), and concludes that Wilson requires Illinois courts to apply the two year statute of limitation, according to Ill.Rev.Stat. ch. 110, ¶ 13-202 (1983). In the Wilson case, the Supreme Court held that to serve the remedial purposes of the civil rights statutes, each state should select the single most appropriate statute of limitation for all § 1983 claims brought within that state. The Court affirmed the Tenth Circuit's decision to characterize civil rights actions as tort actions to recover damages for personal injuries for the purpose of applying New Mexico's three year statute of limitations governing actions "for an injury to the person or reputation of any person." N.M. Stat.Ann. § 37-1-8 (1978). In reaching this conclusion, the Court noted:

  "[G]eneral personal injury actions, sounding in tort,
  constitute a major part of the total volume of civil litigation
  in the state courts today, and probably did so in 1871 when §
  1983 was enacted. It is most unlikely that the period of
  limitations applicable to such claims ever was, or ever would
  be, fixed in a way that would discriminate against federal
  claims, or be inconsistent with federal law in any respect."
  105 S.Ct. at 1949 (footnote omitted).

The Seventh Circuit has not yet ruled upon which Illinois statute of limitations would be most appropriate for application in § 1983 suits. However, the Seventh Circuit, in the case of Bailey v. Faulkner, 765 F.2d 102 (7th Cir. 1985), gave some indication of how it would decide this matter. In Bailey, the Seventh Circuit said, "The state statute of limitations that the federal courts must borrow in a section 1983 suit is the statute of limitations for personal-injury suits, Wilson v. Garcia, ___ U.S. ___, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), which is two years in Indiana, Ind.Code, § 34-1-2-2." 765 F.2d at 103.

Prior to the Wilson decision, the Seventh Circuit had held that actions brought pursuant to 42 U.S.C. § 1983 in Illinois were governed by the five year statute of limitation for "civil actions not otherwise provided for." Beard v. Robinson, 563 F.2d 331 (7th Cir. 1977). Eight years later, though, after the Supreme Court's decision in Wilson, the Seventh Circuit in Bailey concluded rather matter-of-factly that the court should apply the Indiana statute of limitations for personal injury suits in a ยง 1983 suit in that state. The treatment of this issue in the Bailey case convinces this Court that when faced with the issue, the Seventh Circuit would hold that the Wilson case overruled the Seventh Circuit's prior ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.