Opinion
No. 00 C 6039
October 1, 2001
MEMORANDUM OPINION AND ORDER
Plaintiff has alleged a straightforward section 1983 claim, alleging that she was beaten and unlawfully restrained by various law enforcement officers on December 17, 1998. She has with it an Illinois state law claim alleging violation of the Illinois Hate Crime Law, 720 ILCS 5/12-7.1. The three Chicago police officer defendants, Trahanas, Sofrenovic and Mack now move to dismiss that count, count II. That motion is granted.
The suit was filed in December 2000, almost two years after the alleged incident. The Illinois Tort Immunity Act, 745 ILCS 10/8-101, specifically provides for a one-year limitations period for all civil actions against a local entity or any of its employees, and civil action includes statutory claims. Plaintiff argues that the Illinois Hate Crime Law does not specify a limitations period and therefore the "other civil actions" five-year period should apply or, alternatively, the claim resembles a section 1983 claim, with a two-year limitations period.
Illinois has many limitations periods, few as short as one year. But for suits against a governmental entity and its employees, Illinois made a policy choice that suit had to be brought within one year, regardless of the length of the limitations period for the same claim against non-governmental defendants. We are bound by that choice.