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

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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.

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