Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Brianna Ray, As Administrator of the v. Chauncey C. Maher, Iii, et al

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED SEPTEMBER 16, 2011

Before EASTERBROOK, Chief Judge, and WOOD and TINDER, Circuit Judges.

Nearly three years after Robert C. Ray died in custody at the Sangamon County Jail, the administrator of Ray’s estate filed an eight-count complaint against the jail’s doctor (Dr. Maher), the county sheriff, and seventeen correctional officers and nurses employed by the county. Count I is a combined Wrongful Death Act, 740 ILCS 180/2, and Survival Act, 755 ILCS 5/27- 6, negligence claim against Dr. Maher. Counts II-VIII allege violations of Ray’s Fourteenth Amendment right to basic medical services under 42 U.S.C. § 1983 and name all defendants. The district court dismissed counts II-VIII as time-barred by the two-year Illinois statute of limitations for personal injury actions and declined to exercise supplemental jurisdiction over the remaining state-law claim. The plaintiff argues that the district court should have tolled the limitations period for the § 1983 claims because the sole beneficiary of Ray’s estate was a minor when Ray’s cause of action arose. (She does not challenge the district court’s discretionary declination to retain supplemental jurisdiction over the state law claim in Count I. She only asks for it to be reinstated if the § 1983 claims are.) As the district court recognized, her argument is meritless. We affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Attorney - Insurance Defense

Downtown property and casualty defense law firm seeks litigation associate with 2+ years' experience in insurance defense litigation. The fi...


Apply Now ›
Labor & Employment Counsel - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
Go to Lawjobs

Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate.

Federal Legal News
Special Coverage
Surveys & Rankings
National Law Journal