Brown v. Dart

In July 2013, Brown was sentenced to 300 days’ imprisonment for violating the terms of his probation. The Illinois circuit court specifically stated that Brown should be released in September 2013, after accounting for good‐time credit. In August 2013, Cook County Jail personnel informed Brown that he would not be released until March. In September 2013, Brown filed a state court petition for a writ of habeas corpus, but jail staff allegedly failed to transport him to court. On December 16, 2013, the petition was finally heard. The court determined Brown should have been released in September and immediately released him on a $50,000 bond. In January 2014, the court released the bond. Brown filed a 42 U.S.C. 1983 complaint, alleging violations of the Fourth and Eighth Amendments based on false imprisonment and inhumane conditions and a violation of Illinois state law based on false imprisonment. The district court granted the defendants judgment on the pleadings. The Seventh Circuit affirmed. Because Brown was released from prison more than two years before he filed his claim, the suit was time-barred. The court rejected Brown's claim that the time he spent released on bond was a continuation of the false imprisonment View "Brown v. Dart" on Justia Law