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CARTER v. CITY OF CHICAGO

United States District Court, Northern District of Illinois


April 22, 2003

CARTER
v.
CITY OF CHICAGO

The opinion of the court was delivered by: James Zagel, District Judge

OPINION

Plaintiff seeks reconsideration of the dismissal of his complaint against the Village of Blue Island. The incident on which this case is based occurred in the year 2000. More than two years after the incident, plaintiff filed against the Village for the first time and sought to invoke the provisions of Illinois law to secure a declaratory judgment against the Village to the effect that they were liable to pay for the damages, if any, assessed against two of their employees. But Illinois limits the judicially imposed liability of municipalities by setting short time limits and imposing other requirements. The limitations period here has expired. He argues that this is no problem because I have supplemental jurisdiction over the Village since the state claim against the Village is closely related to the original case he filed. But the fact that this defendant would be liable to suit does not mean that plaintiff is excused from complying with the statute of limitations with respect to that defendant. New causes of action can be added to a complaint if they relate back to events involving a defendant who is already named in the existing complaint. There is no authority that allows a new defendant for whom the limitations period has expired to be added. The order dismissing the Village stands.

Motion for Reconsideration is denied.

20030422

© 1992-2003 VersusLaw Inc.



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