Elijah Manuel v. City of Joliet
Elijah Manuel v. City of Joliet
Opinion
Elijah Manuel was arrested and charged with possessing unlawful drugs. A judge decided that he would be held in jail pending trial. Forty-seven days later the prosecutor dismissed all charges after concluding that the pills Manuel had been carrying were legal. The next day he was released. Last year the Supreme Court held that Manuel is entitled to seek damages on the ground that detention without probable cause violates the Fourth Amendment (applied to the states by the Fourteenth).
Manuel v. Joliet
, --- U.S. ----,
Here are the potentially important dates:
• March 18, 2011: Manuel is arrested
• March 18, 2011: A judge orders Manuel to remain in custody for trial
• May 4, 2011: The prosecutor dismisses the charge
• May 5, 2011: Manuel is released
• April 22, 2013: Manuel sues under42 U.S.C. § 1983
Defendants contend that Manuel's claim accrued on March 18, when the judge ordered him held pending trial. If that's right, then Manuel sued too late. He maintains that the clock started on May 4, when his position was vindicated by dismissal of the prosecution. We do not accept either approach. We hold that Manuel's claim accrued on May 5, when he was released from custody. That makes this suit timely.
Defendants' position relies on
Wallace
, which held that a Fourth Amendment claim accrues (and the period of limitations starts) as soon as the plaintiff has been brought before a judge (or, in the language of both
Wallace
and
Manuel
, has been held pursuant to legal process).
First, Wallace complained about his arrest rather than the custody that post-dated his appearance before a judge.
Wallace
,
Second, the line that the Justices drew in
Wallace
-in which a claim accrues no later than the moment a person is bound over by a magistrate or arraigned on charges, see
Manuel's position, which relies on an analogy to the tort of malicious prosecution-in which the claim does not accrue until the plaintiff has prevailed ("been vindicated") in the criminal case-might have seemed sensible before the Supreme Court spoke. As the Supreme Court recounted, it was popular among other courts of appeals, which characterized the claim as "Fourth Amendment malicious prosecution."
Manuel
,
After
Manuel
, "Fourth Amendment malicious prosecution" is the wrong characterization. There is only a Fourth Amendment claim-the absence of probable cause that would justify the detention.
The wrong of detention without probable cause continues for the duration of the detention. That's the principal reason why the claim accrues when the detention ends. (The parties have debated whether a need to prove malice affects the claim's accrual. But after the Supreme Court's decision this is a plain-vanilla Fourth Amendment claim, and analysis under that provision is objective. See, e.g.,
Ashcroft v. al-Kidd
,
A further consideration supports our conclusion that the end of detention starts the period of limitations: a claim cannot accrue until the would-be plaintiff is entitled to sue, yet the existence of detention forbids a suit for damages contesting that detention's validity.
Preiser v. Rodriguez
,
After
Preiser
,
Heck
, and
Edwards
, § 1983 cannot be used to contest ongoing custody that has been properly authorized. Those decisions do not concern the way to deal with executive custody that lacks a judicial imprimatur-for example, detention in a police department's cells before presentation to a judge. But Manuel was held by authority of a judicial decision that probable cause existed to show that he had committed a drug offense. He contends that the police hoodwinked the judge by falsely asserting that the pills he possessed had tested positive for an unlawful drug, and if he is right he is entitled to damages. Still, his detention was judicially authorized, which given
Preiser
means that a § 1983 suit had to wait until his release.
Heck
tells us that a claim does not accrue before it is possible to sue on it.
The judgment of the district court is reversed, and the case is remanded for proceedings consistent with this opinion and the Supreme Court's.
Reference
- Full Case Name
- Elijah MANUEL, Plaintiff-Appellant, v. CITY OF JOLIET, ILLINOIS, Et Al., Defendants-Appellees.
- Cited By
- 228 cases
- Status
- Published