Civil Procedure Keyed to Friedenthal
Worthington v. Wilson
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Worthington, Plaintiff, was arrested by two police officers who allegedly twisted Plaintiff’s hand and broke it. Exactly two years later, Plaintiff filed a complaint in state court against Peoria Heights, Illinois and three unknown police officers, Defendants, claiming the police officers violated his civil rights. Peoria Heights removed the action to federal court. Four months later, Plaintiff filed an amended complaint, which named the real identity of the two officers as Defendants. Defendants moved to dismiss the amended complaint on the grounds that the statute of limitations had run and that the complaint failed to state a proper claim under 42 U.S.C. Section: 1983 and for sanctions. There was a hearing in front of the magistrate and the magistrate recommended that the motion to dismiss and the motion for sanctions be allowed. Plaintiff filed an objection to the recommendation. The court held an additional hearing on the pending motions.
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