How Long Is Too Long To Sue For Arrest?

Supreme Court Considers Case Of Man Wrongly Arrested And When Clock Started Running

(AP)  Andre Wallace spent more than eight years in jail before Illinois courts ruled his arrest was illegal, reversed his murder conviction and caused prosecutors to drop charges against him in 2002.

He filed a federal civil rights lawsuit a year later against the Chicago police officers who arrested him. Federal judges told him he had waited too long and dismissed the suit.

Twelve years after Wallace's arrest, the Supreme Court is taking up his case Monday to determine whether the lawsuit can proceed.

Wallace had two years in which to file his civil rights claim. The question before the justices is, did the two-year clock begin running at the time of Wallace's arrest in 1994, when he was released from custody in 2002, or some point in between?

The 7th U.S. Circuit Court of Appeals said Wallace should have taken some action in the two years following his arrest. In similar cases in other parts of the country, appeals courts have said false arrest claims can't be filed until convictions are nullified.

Wallace was 15 when Chicago police officers Kristen Kato and Eugene Roy brought him in for questioning in the murder of John Handy in January 1994. In the course of an interrogation that went through the night, Wallace said he was subjected to a "good cop/bad cop" routine that included being slapped and kicked. In the officers' account, Wallace was free to leave at any time.

Eventually, Wallace confessed. He tried and failed to have his statements thrown out on the grounds that he was arrested without probable cause and that his confession was coerced.

He was convicted of first degree-murder in 1996 after a trial in which Wallace claimed he shot Handy in self-defense or, alternatively, in mutual combat, attorneys for the officers argued in court papers.

Wallace appealed the conviction. The Illinois Appellate Court ruled in 1998 that the arrest was made without probable cause, but still ordered a lower court to determine whether the confession could stand.

The court said it could, affirming the conviction. The Illinois Appellate Court considered the case again and this time, reversed the conviction.

Prosecutors at that point decided not to try Wallace again, but would reinstate the murder charge against Wallace if they get additional evidence, the officers' lawyers said.

[son54c]

In America, there is NO system of justice. We convict and sentence innocent people every day in our courts all across this nation. Recently, a man was released after serving many many years in prison for a crime he didn't commit. We can put an innocent person in prison on "could've been", "may have been", "my gut feeling tells me", or even " probably is". We allow lawyers to build their case inside the courtroom instead of building their case before it goes to trial. Anyone that thinks this is a free nation, a nation of liberties and justice, just read about how many innocent people we imprison here in the United States each and every year. The info is on the web in many places. We send our young men and women of the armed forces to lay their lives down in the name of freedom, yet they have NO freedom here in their own country. In America, we have a system of "Injustice", NOT a system of "Justice".

[usawatchman]

Do you know why they call it CIVIL COURT ?

Because Gentlemen thought there had to be
a better way to settle disputes other than with VIOLENCE

When the COURTS are CORRUPT
You no longer have a CIVIL SOCIETY

You now have a TYRANNY..
==========
UNITED STATES SUPREME COURT
James B. Veasaw v. Cari M. Domingues,et al.
No: 05-1467

Securities and Exchange Commission was giving away and/or selling Govt. jobs, and Government employees commit CRIMES against the
people (me and others) Perjury, mail/wire fraud, conspiracy, obstruction of justice, tampering with evidence...etc and the COURTS
(US SUPREME COURT!) were helping them it COVER UP..!

[usawatchman]

What happen to our justice system ???

They cut DEALS for DRUG SMUGGLERS
so to get testimony AGAINST
BORDER AGENTS who stand with the PEOPLE


2 Border Patrol agents face 20 years in prison
Officers prosecuted , wounded drug trafficker
given full immunity in exchange for testimony

http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=51417
==========

UNITED STATES SUPREME COURT
James B. Veasaw v. Cari M. Domingues,et al.
No: 05-1467

Securities and Exchange Commission was giving away and/or selling Govt. jobs, and Government employees commit CRIMES against the
people (me and others) Perjury, mail/wire fraud, conspiracy, obstruction of justice, tampering with evidence...etc and the COURTS
(US SUPREME COURT!) were helping them it COVER UP..!

Due process and Equal protection under the law

was denied because the Plaintiff could not afford an attorney.

When the courts were given the opportunity to render Justice,

they NOT ONLY took the side of CORRUPT GOVERNMENT EMPLOYEES

who had been CAUGHT committing CRIMINAL ACTS against the plaintiff

they (the Court) even HELPED with the COVER UP.

The REPUBLICAN JUDGES are the ones who denied DUE PROCESS

Remember OWEN in the 5th Circuit, how great and how honest she was suppose to be..

THE COURTS ARE CORRUPT

===============

PEOPLE

GET OUT AND VOTE LIKE YOU LIFE DEPENDS ON IT..!

[khoneycutt06]

First off, he was questioned as a 15 year old, no parent present, then, when he has to mount a defense, he has to follow his "admission" which should have been dismissed for not have a parent present. He should have the right to sue after the conviction was overturned. I hope the courts agree with him and he takes the police dept to the cleaners!!! Remimber, if the police had true evidence beyond his forced admission, he would be re-arrested and put on trail again. To date, that has not happened, Shame on the Chicago PD!!!

[mtimbone]

Wait a minute are you guys reading the same article as me. The guy admitted to killing someone and the could not get his story straight on wether it was in self-defense or, alternatively, in mutual combat. I don't even want to ask if he had a permit to carry the gun. He should go back to jail and finish out his time.

[agnim]

This is a no brainer; but a lot of judges are too virtueless to have a clue about what constitutes justice.

Immediately upon the determination that someone was wrongly jailed, THE GOVMENT SHOULD CONTACT THE VICTIM AND OFFER COMPENSATION, the adequacy of which the victim and his attorneys will consider!

It is the responsibility and duty of any good and just and virtuous govment to make the first move!
Otherwise, the victim may sue at ANY TIME for his losses!

[rbird8728]

Everyone should have his opportunity to challenge an injustice. Applying some arbitrary time limit discounts the value of justice.