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Khatchik v. the County of Cook, the City of Chicago

United States District Court, N.D. Illinois, Eastern Division
Oct 1, 2001
No. 00 C 6039 (N.D. Ill. Oct. 1, 2001)

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.


Summaries of

Khatchik v. the County of Cook, the City of Chicago

United States District Court, N.D. Illinois, Eastern Division
Oct 1, 2001
No. 00 C 6039 (N.D. Ill. Oct. 1, 2001)
Case details for

Khatchik v. the County of Cook, the City of Chicago

Case Details

Full title:KHANA KHATCHIK, Plaintiff, vs. THE COUNTY OF COOK, THE CITY OF CHICAGO, a…

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: Oct 1, 2001

Citations

No. 00 C 6039 (N.D. Ill. Oct. 1, 2001)