Beneficiary's Age Is Irrelevant To Timeliness Of Estate's Section 1983 Claim
RAY v. MAHER (November 1, 2011)
Robert Ray was arrested in late 2007. Before he was taken to jail, he was treated at a local hospital for alcohol withdrawal. He became ill while in jail. Jail authorities administered some medication but never took him to a hospital. Ray died within days. Almost 3 years later, his ex-wife was appointed administrator of his estate. She brought § 1983 claims for denial of basic medical services against the jail doctor and a number of other Sangamon County employees. Ray’s daughter, the sole beneficiary of the estate, recently turned 18 and replaced her mother as administrator. Judge Mihm (C.D. Ill.) dismissed the claim on statute of limitations grounds. The administrator appeals.
In their opinion, Seventh Circuit Chief Judge Easterbrook and Judges Wood and Tinder affirmed. The limitations period for a § 1983 claim is governed by state law. In Illinois, one has two years within which to file such a claim. The estate's administrator did not meet that 2009 deadline. Its only argument is that the beneficiary of the estate was under the age of 18 at the time the claim accrued and she brought the claim within two years of her reaching majority. Unfortunately, that argument is misplaced. The claim belongs to the estate. It must be brought by its administrator on a timely basis in order to survive. A beneficiary does not have a personal claim. His or her age at the time the claim accrues is irrelevant.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select