735 Ill. Comp. Stat. § 5/13-202

Section 5/13-202 gives a plaintiff two years to bring a personal injury claim, including claims for negligence and intentional infliction of emotional distress.

Szplett v. Kenco Logistic Services, LLC · filed 2020-04-22

Szplett’s § 1985 (Count 12), defamation (Count 13), negligence (Count 14), and intentional infliction of emotional distress (Count 18) claims are subject to statutes of limitations of two years or less. ... 735 ILCS 5/13-202 (“Actions for damages for an injury to the person … shall be commenced within 2 years next after the cause of action accrued … .”). ... Because the wrongs alleged by Szplett occurred more than two years before he filed this suit, and because his tolling argument (addressed on the merits below) would extend the commencement of the limitations period to August 2015 at the latest, those claims are dismissed as time-barred.

Section 5/13-202’s two-year limitations period bars a claim filed more than two years after the plaintiff knew the delay in care had caused pain.

King v. Newbold · filed 2020-05-15

And he also concedes that the limitations period is two years from when he discovered his injury. See Woods v. Illinois Dep't of Children & Family Servs., 710 F.3d 762, 766 (7th Cir. 2013); 735 ILCS 5/13-202. King sued, however, in February 2009, more than four years after he received the mouth guard in April 2005. So, this claim is out of time and dismissal was correct.

Section 5/13-202 supplies a two-year limitations period for Section 1983 personal injury claims arising in Illinois.

Haywood v. Finnerman · filed 2020-07-02

Illinois prescribes that actions for personal injury must be commenced within two years after the cause of action accrued. Accordingly, this case is governed by a two-year statute of limitations period. See 735 ILCS § 5/13-202.

Section 5/13-202 provides a two-year limitations period for the state-law tort claims against the private defendants.

Todd v. Bridges · filed 2020-07-08

As the Epic Burger defendants are not municipal employees, Todd’s state law tort claims against the Epic Burger defendants are subject to a two-year state of limitations rather than the Tort Immunity Act’s one-year period.

Section 5/13-202 supplies the two-year limitations period for § 1983 claims arising in Illinois.

Barnett v. City Of Chicago · filed 2020-07-28

Section 1983 does not itself have a statute of limitations but instead uses ... the limitations period for similar claims in the state where the claims arose, which for Illinois is two years. Wallace v. Kato, 549 U.S. 384, 387 (2007); Dominguez v. Hendley, 545 F.3d 585, 588 (7th Cir. 2008) (citing 735 Ill. Comp. Stat. 5/13-202).

Section 5/13-202 supplies a two-year limitations period for § 1983 claims arising in Illinois.

Spencer v. Village Of Arlington Heights · filed 2020-07-30

The statute of limitations for § 1983 claims arising in Illinois is two years. ... Spencer filed the claim on January 23, 2018, within the two-year statute of limitations.

Section 13-202’s two-year limitations period does not apply to BIPA claims alleging statutory biometric privacy violations; those claims are not personal injury claims, and BIPA’s damages are remedial rather than statutory penalties.

Burlinski v. Top Golf USA Inc. · filed 2020-09-03

Those statutory damages are clearly part of BIPA’s broader remedial scheme. So, the two-year statute of limitations imposed by 735 ILCS 5/13-202 does not apply.

Section 5/13-202 provides the two-year limitations period for personal injury claims brought under § 1983 in Illinois.

Shuhaiber v. Dart · filed 2020-11-17

In Illinois, Section 1983 civil- rights claims for personal injuries, like the claims in this case, are governed by a two- year statute of limitations. See Brooks v. City of Chicago, 564 F.3d 830, 832 (7th Cir. 2009) (citing 735 ILCS 5/13-202).

Section 13-202 gives personal injury claims arising from sudden traumatic events a two-year limitations period.

Mickiewicz v. Generations at Regency, LLC · filed 2021-01-21

As stated above, the incidents constitute personal injuries that were caused by sudden and traumatic events, subjecting them to the two-year statute of limitations contained in section 13-202.

Section 5/13-202 supplies a two-year limitations period for personal-injury actions, including § 1983 unlawful-seizure claims arising in Illinois.

Maldonado v. County Of Cook · filed 2021-02-08

In Illinois, the statute of limitations for personal-injury actions is two years from when the cause of action accrued, id.; 735 ILCS 5/13-202, and a Fourth Amendment claim accrues at the time of the search or seizure. ... Accordingly, the statute of limitations bars any Fourth Amendment claim against Trooper David.

Section 5/13-202 requires personal injury actions to be filed within two years after the claim accrues.

Christmas v. Wexford Health Sources, Inc. · filed 2021-02-10

Illinois law prescribes that actions for personal injury must be commenced within two years after the cause of action accrued; thus, this case is governed by a two-year statute of limitations period.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims brought in Illinois.

Patrick v. Fuelling · filed 2021-03-05

In Illinois, a two-year statute of limitations applies to § 1983 claims. ... Both alleged events occurred on June 15, 2013, meaning the limitations period elapsed on June 15, 2015. ... Count II is untimely and dismissed with prejudice.

Section 13-202 supplies the two-year limitations period for § 1983 personal injury claims filed in Illinois.

Bullock v. LaSalle County · filed 2021-03-22

This court concludes that the two-year limitation period on Plaintiffs’ § 1983 claims began running at the time of the alleged Fourth Amendment violations—some six years before Plaintiffs filed this case. The court thus dismisses Plaintiffs’ claims against the officers, as well as the Monell claims against LaSalle County.

Section 5/13-202 gives a plaintiff two years from a personal injury to file suit; counsel’s illness near the deadline did not toll the period where the plaintiff lacked due diligence.

Sostand v. West · filed 2021-05-17

Illinois has a two-year statute of limitations for personal injury claims. 735 ILCS 5/13-202.

Section 5/13-202 supplies a two-year limitations period for personal injury actions, which applies to § 1983 and Title VI claims brought in Illinois.

Patterson v. McLean County Sheriff's Department · filed 2021-06-11

A two-year statute of limitations applies to Plaintiff’s constitutional claims brought under 42 U.S.C. § 1983, as well as his Title VI claims. ... 735 ILCS 5/13-202 (“Actions for damages for an injury to the person . . . shall be commenced within 2 years next after the cause of action accrued . . . .”).

Section 5/13-202 provides a two-year limitations period for personal injury claims arising in Illinois.

Turner v. Burnett · filed 2021-08-06

A two-year statute of limitations applies to personal injury claims under Illinois law. 735 ILCS § 5/13-202; Cesal v. Moats, 851 F.3d 714, 721-22 (7th Cir. 2017).

Section 5/13-202 supplies a two-year limitations period for § 1983 claims in Illinois.

Cox v. City of Chicago · filed 2021-10-04

In Illinois, the statute of limitations for § 1983 claims is two years. ... Newman’s and Cox’s § 1983 claims are time-barred.

Section 5/13-202 provides a two-year limitations period for a Fourth Amendment unlawful pretrial detention claim brought in Illinois.

Switzer v. The Village of Glasford Illinois · filed 2021-10-26

Applying Smith to the undisputed facts of this case, Plaintiff’s limitations period (two years under Illinois law, 735 ILCS 5/13-202) began to run on October 1, 2015, when he was released on bond. ... Following Smith, Plaintiff’s Complaint, filed on November 21, 2018, exceeded the two-year statute of limitations by over a year.

Section 13-202 sets a two-year limitations period for personal injury lawsuits.

Johnson-Jordan v. Citgo Petroleum Corporation · filed 2021-12-02

Section 13-202 of the Code provides that the limitations period for personal injury lawsuits is two years. 735 ILCS 5/13-202 (West 2020). Plaintiff’s original complaint was filed within the limitations period. However, it is undisputed that, unless it relates back to the filing of her original complaint, her amended complaint was not filed within the statute of limitations.

Section 5/13-202 gives intentional-infliction-of-emotional-distress claims a two-year limitations period.

Smith v. Cipolla · filed 2021-12-13

The statute of limitations for intentional infliction of emotional distress is two years. See 735 ILCS 5/13-202. Smith filed her complaint on March 11, 2021, so any incidents before March 11, 2019—that is, anything that happened while she was employed by Sony—are time-barred, absent a showing of a continuing violation.

Section 5/13-202 gives a plaintiff two years from the injury date to bring a personal injury claim.

Austin v. Caterpillar, Inc. · filed 2021-12-20

In Illinois, the statute of limitations for a personal injury claim is two years from the date of the alleged injury. 735 Ill. Comp. Stat. Ann. 5/13-202. ... Accordingly, the statute of limitations expired for Plaintiff’s products liability and negligence claims on April 20, 2020.

Section 13-202 sets a two-year limitations period for personal injury actions.

Walker v. Demos · filed 2022-01-14

The limitation period for a personal injury action is two years. 735 ILCS 5/13-202 (West 2018). ... As to dismissal with prejudice, the limitation period for defendant’s claim for a tort allegedly committed on December 15, 2016, expired on December 15, 2018, one day after he filed his original action.

Section 5/13-202 sets a two-year limitations period for tort actions.

Brzowski v. Board of Education of Lincoln-Way Community Central High School District 210 · filed 2022-01-31

The statute of limitations for a tort action is two years. 735 ILCS 5/13-202 (West 2020). ... Thus, under any of the limitations periods, Brzowski’s claim based on these efforts is barred.

Section 5/13-202 requires assault and battery claims to be brought within two years of the injury and applies a two-year limitations period to intentional infliction of emotional distress claims.

Mohammed v. Jenner & Block · filed 2022-02-28

Under Illinois law, a plaintiff must bring a claim for assault and battery within two years of the injury. See 735 ILCS 5/13-202; Lynam v. Foot First Podiatry Ctr., P.C., 919 F.Supp. 1141, 1149 (N.D. Ill. 1996) (Castillo, J.). As such, Mohammed’s assault and battery claim is time-barred because he filed this lawsuit over four years after the November 2016 incident.

Section 5/13-202 provides a two-year limitations period that applies to Illinois personal injury claims, including § 1983 claims.

Ruff v. Han · filed 2022-03-14

In the present case, the injury occurred in Illinois, so the statute of limitations is two years.

Section 5/13-202 supplies a two-year limitations period for personal injury claims, including claims brought under § 1983 in Illinois.

BNSF Railway Company v. Town of Cicero, Illinois · filed 2022-03-21

“In Illinois the statute of limitations for personal-injury actions is two years from when the cause of action accrued.” Id. (citing 735 ILCS 5/13-202). ... BNSF filed this suit in June 2021, only six months after the passage of Ordinance 72-20 and well within the two-year statute of limitations. See Cplt. (Dckt. No. 1). The Court denies Cicero’s motion to the extent that Cicero seeks to dismiss the dormant Commerce Clause claim as barred by the statute of limitations.

Section 5/13-202 supplies a two-year limitations period for § 1983 personal-injury claims brought in Illinois.

Walker v. City of Chicago · filed 2022-03-31

In Illinois, Section 1983 civil-rights claims for personal injuries, like the claims in this case, are governed ... by a two-year statute of limitations. ... Here, Walker failed to bring the false-arrest claim within two years of the start of legal process.

Section 5/13-202 supplies the two-year limitations period for § 1983 claims arising in Illinois.

McRae v. Myers · filed 2022-04-21

The applicable statute of limitations period for actions brought pursuant to 42 U.S.C. § 1983 is a state’s period for personal injury torts. ... In Illinois, where the events in Plaintiff’s complaint occurred, that period is two years. See Woods v. Illinois Dept. of Children and Family Svcs., 710 F.3d 762, 765-766 (7th Cir. 2013); 735 ILCS § 5/13-202. ... Claim 1 is plainly untimely, so it will be dismissed.

Section 5/13-202 sets a two-year limitations period for personal injury claims, including Section 1983 claims arising in Illinois.

Walker v. Smith · filed 2022-06-08

Illinois has a two year statute of limitations for personal injury claims. See 735 ILCS 5/13-202. Thus, the applicable statute of limitations for Section 1983 claims arising in Illinois is two years.

Section 5/13-202 provides a two-year limitations period for personal injury claims, which applies to Section 1983 claims arising in Illinois.

Walker v. Doe · filed 2022-06-13

Illinois has a two year statute of limitations for personal injury claims. See 735 ILCS 5/13-202. ... As stated above, the Complaint, including Count 12, is DISMISSED with prejudice because it is barred by the statute of limitations.

Section 13-202 provides a two-year limitations period from the date of injury for common law negligence and section 1983 claims.

Moore v. Knupp · filed 2022-06-28

The statute of limitations for a civil action alleging a deprivation of “any rights, privileges, or immunities secured by the Constitution” pursuant to 42 U.S.C. § 1983 (1994) or common law negligence is two years following the date of injury. Lucien v. Jockisch, 133 F.3d 464, 466 (7th Cir. 1998); 735 ILCS 5/13-202 (West 2016).

Section 5/13-202 provides a two-year limitations period for personal injury actions, which applies to § 1983 claims arising in Illinois.

Hollis v. Truitt · filed 2022-07-12

In Illinois, where the events in Plaintiff’s complaint occurred, that period is two years. See Woods v. Illinois Dept. of Children and Family Svcs., 710 F.3d 762, 765-766 (7th Cir. 2013); 735 ILCS § 5/13-202. ... Plaintiff filed the current complaint on June 7, 2022, which is nearly three years after the bulk of the retaliatory conduct he identified. Accordingly, he cannot state a claim here for this alleged retaliation.

Section 5/13-202 bars a personal injury claim brought after two years when an amendment adding the defendant does not relate back.

Ramos v. Casey's General Stores, Inc. · filed 2022-09-26

Casey’s first challenges the viability of Ramos’ purported claim against Brouk based on the applicable statute of limitations, which is two years. See, 735 ILCS 5/13-202. ... As such, Ramos may not avail himself of the relation back doctrine; his proposed claim against Brouk is barred by the statute of limitations.

Section 5/13-202 provides a two-year limitations period for personal injury claims, which the court applied to a § 1983 claim arising in Illinois.

Weis v. Shipley · filed 2022-10-19

Under Illinois law, a two-year statute of limitations applies to personal injury claims. 735 ILCS § 5/13-202; Cesal v. Moats, 851 F.3d 714, 721-22 (7th Cir. 2017).

Section 5/13-202 supplies a two-year limitations period for § 1983 claims arising in Illinois.

Archie v. City Of Chicago · filed 2023-01-09

The statute of limitations for § 1983 claims in Illinois is two years. See 735 ILCS 5/13-202; Williams v. Lampe, 399 F.3d 867, 870 (7th Cir. 2005). ... Without relation back, plaintiffs cannot satisfy the statute of limitations for § 1983 claims, making amendment futile in this case.

Section 5/13-202 supplies the two-year limitations period for § 1983 personal injury claims arising in Illinois.

Kruger v. Baldwin · filed 2023-01-09

Illinois law prescribes that actions for personal injury must be commenced within two years after the cause of action accrued; thus, this case is governed by a two-year statute of limitations period. ... For these reasons, the Court finds Plaintiff’s claims arising from his incarceration at Pontiac are not barred by the statute of limitations and summary judgment is not warranted on this basis.

Section 5/13-202 supplies a two-year limitations period for a First Amendment retaliatory prosecution claim.

Kolesnikova v. Village of Vernon Hills · filed 2023-02-02

The applicable statute of limitations is two years.

Section 5/13-202 sets a two-year limitations period for personal injury claims, which courts apply to § 1983 claims filed in Illinois.

Dobbey v. Uptown People's Law Center · filed 2023-04-04

In Illinois, the statute of limitations for personal injury claims is two years. 735 ILCS 5/13-202. Thus, a Section 1983 claim in a United States District Court in Illinois must be filed within two years of the accrual of the claim.

Section 5/13-202 sets a two-year limitations period for personal injury claims, which federal courts in Illinois apply to § 1983 claims.

Ocampo v. Sellers · filed 2023-04-11

In Illinois, the statute of limitations for personal injury claims is two years. 735 ILCS 5/13-202. Thus, a § 1983 claim in a United States District Court in Illinois must be filed within two years of the accrual of the claim. ... Thus, any claims arising from events that occurred between January 8, 2020 and August 6, 2020 are barred by the two-year statute of limitations.

Section 5/13-202 provides a two-year limitations period for personal injury claims, including intentional infliction of emotional distress and § 1983 false arrest claims arising in Illinois.

Ree v. City of Chicago · filed 2023-04-27

“The applicable statute of limitations for a § 1983 false arrest claim arising in Illinois is two years.” Brooks v. City of Chicago, 564 F.3d 830, 832 (7th Cir. 2009) (citing 735 ILCS 5/13–202). ... Plaintiff was arraigned on February 28, 2019 [Dkt. 1, ¶ 22], and filed his complaint more than two years later, on August 13, 2022.

Section 5/13-202 sets a two-year limitations period for personal injury claims in Illinois.

Niewiedzial v. Robinson Medical Staff · filed 2023-05-08

A two-year statute of limitations applies to personal injury claims in Illinois.

Section 5/13-202 supplies a two-year limitations period for Section 1983 claims brought in Illinois.

Boulb v. Reitz · filed 2023-05-25

Even considering the later dismissal date, any claim related to those proceedings would be barred by the two-year statute of limitations in Section 1983 cases. See Julien v. Hanna, 732 F.3d 842, 845 (7th Cir. 2013) (“claim does not accrue until the criminal proceeding that gave rise to it ends in the claimant’s favor”); Kalimara v. Ill. Dep’t of Corrs., 879 F.2d 276, 277 (7th Cir. 1989); Woods v. Illinois Dep’t of Children and Family Svcs., 710 F.3d 762, 765-766 (7th Cir. 2013); 735 ILCS § 5/13-202.

Section 5/13-202 sets a two-year limitations period for personal injury actions, including Section 1983 claims brought in Illinois.

Watson v. Childers · filed 2023-07-27

The statute of limitations for personal injury actions in Illinois, and for federal Section 1983 claims brought in Illinois, is two years. 735 ILCS 5/13-202; Dominguez v. Hendley, 545 F.3d 585, 588 (7th Cir. 2008); Lewis v. City of Chicago, 914 F.3d 472, 478 (7th Cir. 2019).

Section 5/13-202 gives a plaintiff two years to file the claims at issue; claims filed after that period are time-barred.

Fabris v. City of Christopher · filed 2023-08-18

All of Plaintiff’s alleged claims are subject to a two-year statute of limitations period. 735 ILCS § 5/13-202; see Ashafa v. City of Chicago, 146 F.3d 459, 461 (7th Cir. 1998) (citations omitted); Wilson v. Giesen, 956 F.2d 738, 740 (7th Cir. 1992). ... As such, the Court agrees that Plaintiff’s claims are time-barred under the statute of limitations.

Section 13-202 provides a two-year limitations period for Illinois personal injury claims.

Sims v. Atkins · filed 2023-09-06

These claims, however, are now time-barred as beyond the two-year statute of limitations. ... The statute of limitations for personal injury claims in Illinois is two years.

Section 5/13-202 provides the two-year personal injury limitations period that governs § 1983 claims arising in Illinois.

Williams v. Martinez · filed 2023-09-20

The statute of limitations for a § 1983 claim is “governed by the personal injury laws of the state” in which the injury occurred—in Illinois, that is two years. Hileman v. Maze, 367 F.3d 694, 696 (7th Cir. 2004) (citing 735 ILCS 5/13-202).

Section 5/13-202 sets a two-year limitations period for Illinois emotional-distress claims; alleged misconduct within that period can defeat a limitations challenge at the pleading stage.

Richardson v. Northwestern University · filed 2023-09-21

The statute of limitations on emotional-distress claims in Illinois is two years. Flentye v. Kathrein, 485 F. Supp. 2d 903, 923 (N.D. Ill. 2007) (citing 735 ILCS 5/13-202). ... But, as detailed earlier, the Complaint does allege ongoing misconduct after January 29, 2019. ... Maybe discovery will disprove the allegations, but at the pleading stage, the statute of limitations is not a barrier.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims filed in Illinois.

Amos-Arr v. Illinois Department of Innovation and Technology · filed 2024-01-08

In Illinois, the appropriate statute of limitations is two years. See Towne v. Donnelly, 44 F.4th 666, 667 (7th Cir. 2022) (recognizing 735 Ill. Comp. Stat. 5/13-202 creates a two-year statute of limitations for § 1983 claims). ... This means that his Title VII claim was untimely as of December 30, 2019; his § 1983 claim was untimely as of March 5, 2021; and his § 1981 claim was untimely as of March 5, 2023.

Section 5/13-202 sets a two-year limitations period for personal injury claims, which applies to section 1983 actions brought in Illinois.

Mckissick v. City Of Chicago · filed 2024-01-29

In Illinois, the statute of limitations for personal injury claims is two years. 735 ILCS 5/13-202 (West 2016). Therefore, plaintiffs have two years to file a section 1983 action in federal court in Illinois.

Section 13-202 supplies a two-year limitations period for the federal civil rights claims.

Pursley v. City of Rockford · filed 2024-03-11

The state claims have a one-year statute of limitations, and the federal claims have a two-year limit. ... 735 ILCS 5/13- 202. That means the statute of limitations expired on March 3, 2018, for the state claims, and March 3, 2019, for the federal claims.

Section 5/13-202 provides a two-year limitations period that applies to § 1983 claims brought in Illinois.

Green v. Chicago · filed 2024-03-30

Thus, Green—who was over eighteen at the time of the search—is subject to the two-year statute of limitations for § 1983 claims brought in Illinois. ... The events underlying this lawsuit occurred in 2015, meaning any claims Green might have had were time-barred by the time the complaint was filed in June 2022.

Section 5/13-202 sets a two-year limitations period for personal injury claims, which federal courts in Illinois apply to § 1983 claims.

Loy v. Donathan · filed 2024-04-16

In Illinois, the statute of limitations for personal injury claims is two years. 735 ILCS 5/13-202.

Section 5/13-202 provides a two-year limitations period for personal injury claims, including § 1983 claims arising in Illinois.

Robinson v. Wexford Health Source · filed 2024-04-26

In Illinois, where the events in Plaintiff’s complaint occurred, that period is two years. See Woods v. Illinois Dept. of Children and Family Svcs., 710 F.3d 762, 765-766 (7th Cir. 2013); 735 ILCS § 5/13-202.

Section 13-202 bars personal injury and false imprisonment claims filed more than two years after injuries the plaintiff knew of when they occurred.

Cooley v. Amita St. Francis Hospital of Evanston · filed 2024-04-30

Accordingly, as plaintiff commenced his action more than two years after he suffered his injuries, the action was time-barred by the statute of limitations under both section 13-212(a) and section 13-202.

A personal injury complaint filed exactly two years after the alleged injury is timely under the two-year limitations period.

Bulczak v. Alden Poplar Creek Rehabilitation and Healthcare Center, Inc. · filed 2024-05-16

Taking as true the allegation that the injury occurred on May 25, 2019, the original complaint, which was filed exactly two years later on May 25, 2021, was not untimely under the applicable limitations period for personal injuries. See 735 ILCS 5/13-202 (West 2018).

Section 5/13-202 sets a two-year limitations period for Illinois personal-injury claims, which applies to § 1983 claims brought in Illinois.

Russell v. Bogle · filed 2024-05-28

In Illinois, the limitations period for personal-injury torts is two years.

Section 5/13-202 sets a two-year limitations period for false imprisonment and intentional infliction of emotional distress claims.

Biddle v. City of Chicago · filed 2024-05-31

The parties agree that Plaintiffs’ claims against McDonald’s, and therefore against the proposed additional defendants, for false imprisonment and for intentional infliction of emotional distress, have a two-year statute of limitations. See 735 ILCS 5/13-202. Plaintiffs’ claims against new defendants thus must be brought within two years after their purported disability was removed.

Section 5/13-202 provides the two-year limitations period for § 1983 claims brought in Illinois.

Walton v. Brookhart · filed 2024-07-22

Thus, “[u]nder Illinois law, a plaintiff has two years to bring a § 1983 claim.” Id. (citing 735 ILCS 5/13-202). ... Accordingly, Plaintiff filed his bottom bunk permit related claims within the applicable statute of limitations because Plaintiff commenced this action within two years of the date Movants allege Plaintiff completed the grievance process on.

Section 5/13-202 sets a two-year limitations period for personal injury claims, which applies to Section 1983 claims filed in Illinois federal courts.

Crabb v. Kulhan · filed 2024-08-07

In Illinois, the statute of limitations for personal injury claims is two years. 735 ILCS 5/13-202. Thus, a Section 1983 claim in a United States District Court in Illinois must be filed within two years of the accrual of the claim.

Section 5/13-202 provides a two-year limitations period for personal injury claims.

Negron v. Marion Eye Center · filed 2024-08-30

As previously stated, the applicable statute of limitations for a personal injury tort is two years. ... Based on the information in the Complaint, the Court finds that Plaintiff’s claims are untimely, and because Plaintiff has failed to respond to the Show Cause Order, he has not demonstrated otherwise.

Section 5/13-202 supplies a two-year limitations period for § 1983 and § 1985 claims arising in Illinois.

Billups v. City Of Harvey · filed 2024-09-24

Thus, for claims arising in Illinois, the statute of limitations for claims under Section 1983 is two years, the state statute of limitations for a claim of personal injury. Brown v. Dart, 876 F.3d 939, 940 (7th Cir. 2017) (citing 735 ILCS 5/13-202). The same rule applies for Section 1985 claims.

Section 5/13-202 provides a two-year limitations period for personal injury claims, which applies to § 1983 false arrest and false imprisonment claims arising in Illinois.

McCarty v. Jones · filed 2024-09-30

In Illinois, the statute of limitations for personal injuries is two years. 735 ILCS § 5/13-202; Dominguez v. Hendley, 545 F.3d 585, 588 (7th Cir. 2008). ... Accordingly, the court dismisses the false arrest and false imprisonment claims in Counts I and II.

Section 5/13-202 sets a two-year limitations period for personal injury claims, which courts apply to § 1983 claims filed in Illinois.

Banks v. Ek · filed 2024-10-21

In Illinois, the statute of limitations for personal injury claims is two years. 735 ILCS 5/13-202. Thus, a § 1983 claim in a United States District Court in Illinois must be filed within two years of the accrual of the claim.

Section 5/13-202 supplies the two-year limitations period for § 1983 claims in Illinois.

Walker v. Butler · filed 2024-12-12

In Illinois, the limitations period for § 1983 cases is two years. Kalimara v. Illinois Dep't of Corrections, 879 F.2d 276, 277 (7th Cir. 1989) (citing 735 ILCS 5/13-202). ... Defendants are entitled to summary judgment on statute of limitations grounds for the first four allegations in Count 1 and the entirety of Count 4.

Section 5/13-202 provides a two-year limitations period for personal injury actions in Illinois, which the court applied to the federal civil rights claims.

Campbell v. Pruitt · filed 2025-01-09

A two-year statute of limitations applies to personal injury claims in Illinois. 735 ILCS § 5/13-202; Cesal v. Moats, 851 F.3d 714, 721-22 (7th Cir. 2017). Thus, Plaintiff was required to bring suit within two years of his injury.

Section 5/13-202 provides a two-year limitations period for personal injury claims, which applies to § 1983 claims arising from injuries in Illinois.

Hinman v. Pulaski County Detention Center · filed 2025-01-13

A two-year statute of limitations applies to personal injury claims under Illinois law. 735 ILCS § 5/13-202; Cesal v. Moats, 851 F.3d 714, 721-22 (7th Cir. 2017).

Section 5/13-202 gives an Illinois medical negligence claim two years from accrual.

Malone v. Owens · filed 2025-04-22

For a medical negligence claim in Illinois, the statute of limitations runs two years from the time the action accrued. 735 ILCS 5/13-202.

Section 13-202 sets a two-year limitations period for personal injury claims.

Reese v. Northwestern Memorial Hospital · filed 2025-06-12

Thus, the statute of limitations for defendant’s discernable 2024 claims arising from a 2015 incident would have expired prior to filing his 2024 complaint. See 735 ILCS 5/13-212(a) (West 2024) (two-year limit for medical negligence); 735 ILCS 5/13-202 (West 2024) (two-year limit for personal injury); 735 ILCS 5/13-201 (West 2024) (one-year limit for defamation).

Section 5/13-202 provides a two-year limitations period for personal injury actions.

Croissant v. Love · filed 2025-07-02

The statute of limitations for personal injury in Illinois is 2 years. 735 ILCS 5/13-202. Plaintiff’s cause of action allegedly accrued when the collision occurred on May 20, 2024. At the time of the issuance of this order, plaintiff has more than 10 months remaining before the statute of limitations elapses in May of 2026.

The two-year limitations period for personal injury torts bars a claim filed more than two years after the injury.

Porter v. Villareal · filed 2025-08-20

Because Plaintiff’s IIED claim is tied to his termination on July 13, 2022, and he did not file his Complaint until December 23, 2024, his claim would be time-barred under either a one-year or two-year statute of limitations.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims filed in Illinois.

Roundtree, Jr. v. Cook County Health and Hospital Services · filed 2025-08-26

In Illinois, the statute of limitations is two years “after the cause of action accrued.” 735 ILCS 5/13–202 (2005); Flynn v. Donnelly, 793 Fed. Appx. 431, 434 (7th Cir. 2019); Lewis v. City of Chicago, 914 F.3d 472, 478 (7th Cir. 2019). ... Given this unrefuted evidence, Roundtree’s claim against the named Defendants is untimely. Whether his complaint accrued in December 2019 (the date when Sims documented a “sprain/strain” and ordered physical therapy) or in January 2020 (when he had his physical therapy assessment), either event is more than two years before the date of the amended complaint (June 28, 2022), when Roundtree sued each of the named Defendants for the first time. Accordingly, his claim is barred by the statute of limitations.

Section 5/13-202 sets a two-year limit for personal injury tort claims, measured from when the cause of action accrues.

Jones v. City of Hammond · filed 2025-09-03

The Illinois statute of limitations for personal-injury torts is two years “after the cause of action accrued.”

Section 5/13-202 sets a two-year limitations period for personal injury claims, which the court applied to a federal false-arrest claim.

Williams v. Keith · filed 2025-09-26

Federal courts apply the forum state’s statute of limitations for personal injury claims. Wallace v. Kato, 549 U.S. 384, 387 (2007). In Illinois, that period is two years. Smith v. City of Chicago, 3 F.4th 332, 335 (7th Cir. 4 2021) (citing 735 ILCS 5/13- 202).

Section 5/13-202 supplies the two-year limitations period for § 1983 personal injury claims brought in Illinois.

Stapleton · filed 2025-11-19

Even if Plaintiff confined his Fourth Amendment allegation to avoid Heck, his claim is barred by the statute of limitations. See Lewis v. City of Chicago, 914 F.3d 472, 478 (7th Cir. 2019) (“A § 1983 claim borrows the statute of limitations for analogous personal-injury claims in the forum state; in Illinois that period is two years.”) (citing 735 Ill. Comp. Stat. 5/13-202).

Section 5/13-202 supplies a two-year limitations period for section 1983 claims arising in Illinois.

Ortiz · filed 2025-12-10

"[T]he limitations period applicable to § 1983 actions brought in Illinois is the two-year period for general personal injury actions set forth in 735 ILCS 5/13–202." Woods, 710 F.3d at 766. ... The plaintiffs filed this suit on March 26, 2025, so the statute of limitations bars any section 1983 claims that accrued prior to March 26, 2023.

Section 5/13-202 provides the two-year limitations period borrowed for § 1983 claims brought in Illinois.

Sutherland · filed 2025-12-12

Any claims related to occurrences at the time of Plaintiff’s 2016 and 2020 arrests are outside the two-year statute of limitations and are dismissed on that basis. “A § 1983 claim borrows the statute of limitations for analogous personal-injury claims in the forum state; in Illinois that period is two years.” Lewis v. City of Chicago, 914 F.3d 472, 478 (7th Cir. 2019) (citing 735 Ill. Comp. Stat. 5/13-202; Wallace v. Kato, 549 U.S. 384, 388–89 (2007)).

Section 5/13-202 provides a two-year limitations period for personal injury claims, which applies to § 1983 claims filed in Illinois.

Garcia · filed 2026-01-13

In Illinois, that is two years. 735 ILCS 5/13-202. Garcia would have had to file his lawsuit by March 24, 2024.

Section 5/13-202 sets a two-year filing period for Illinois personal injury claims, which courts apply to § 1983 claims arising in Illinois.

Moore · filed 2026-02-02

A two-year statute of limitations applies to personal injury claims in Illinois. 735 ILCS § 5/13-202; Cesal v. Moats, 851 F.3d 714, 721-22 (7th Cir. 2017). As such, Plaintiff was required to file suit within two years of his injury.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims brought in Illinois.

Mohammed · filed 2026-02-11

In Illinois, the appropriate statute of limitations is two years. See Towne v. Donnelly, 44 F.4th 666, 667 (7th Cir. 2022) (recognizing 735 Ill. Comp. Stat. 5/13-202 creates a two-year statute of limitations for § 1983 claims).

Section 13-202 sets a two-year limitations period for personal injury actions, which also governs § 1983 claims arising in Illinois.

Dorsey · filed 2026-02-24

“Claims under § 1983 borrow the statute of limitations for personal injury actions in the state in which the cause of action arose,” Cielak v. Nicolet Union High Sch. Dist., 112 F.4th 472, 477 (7th Cir. 2024)—in Illinois, two years. 735 ILCS 5/13-202. ... Here, Dorsey’s dispute with Defendant Officers occurred on the night of July 3–4, 2021, more than two years before this case was filed on October 19, 2023, so those claims cannot proceed.

Section 5/13-202 supplies the two-year limitations period for personal injury actions, including § 1983 claims brought in Illinois.

Marchiafava · filed 2026-03-23

Plaintiff’s action is timely. ... “In Illinois, that period is two years.” Id. at 773 (citing 735 ILCS 5/13–202).

Section 5/13-202 supplies a two-year limitations period for a § 1983 claim arising from an Illinois traffic stop.

Mordi v. Zeigler · filed 2017-09-05

The district court received the complaint on March 14, 2011. It is not late, however, because Mordi was incarcerated at the time, and he mailed his complaint from the prison on March 11, 2011. That gives him the benefit of the prison mailbox rule, see Taylor v. Brown, 787 F.3d 851, 858-59 (7th Cir. 2015), under which his complaint is treated as filed within the two-year limit. See 735 ILCS 5/13-202.

Section 5/13-202’s two-year limitations period applies to an intentional infliction of emotional distress claim seeking recovery for tangible injury.

Sullivan v. Cheshier · filed 1994-02-28

Count II, however, is directed toward traditional infliction of tangible injury and the two year statute does apply and, it seems to me, that the record contains no evidence of a specific act intentionally causing emotional distress after January 6, 1991. Count II is dismissed.

Section 5/13-202 gives claims for intentional infliction of emotional distress a two-year limitations period; continuing effects of an earlier act do not extend it.

Turner v. McQuarter · filed 1999-12-13

The statute of limitations for intentional infliction of emotional distress can be found in 735 ILCS 5/13-202, which provides that such claims for "injury to the person" must be brought within two years of the date they accrue. ... A continuing violation is occasioned by continuing unlawful acts and conduct, not by continual ill effects from an initial violation. ... This is insufficient to allege the kind of continuing wrong identified in Hyon.

Section 5/13-202 gives intentional infliction of emotional distress claims a two-year limitations period because they are personal injury actions.

Feltmeier v. Feltmeier · filed 2003-09-18

We agree that the applicable statute of limitations for intentional infliction of emotional distress is two years, because the tort is a form of personal injury. 735 ILCS 5/13 — 202 (West 1998).

Section 5/13-202 gives plaintiffs two years to bring an intentional infliction of emotional distress claim; the claim is not dismissed on limitations grounds when the complaint does not establish that it is late.

Flentye v. Kathrein · filed 2007-04-18

The statute of limitations for IIED claims in Illinois is two years. ... Therefore, for the same reasons the defamation claim cannot be found time-barred, the IIED claim is not time-barred under Rule 12(b)(6) either.

Section 5/13-202 generally sets a two-year limitations period for intentional infliction of emotional distress claims.

Li v. Hughes · filed 2018-03-23

Under Illinois law, the statute of limitations for the intentional infliction of emotional distress is generally two years, 735 ILCS 5/13-202, but it is shortened to one year for suits against local governments (like Rockford) and their employees.

Section 5/13-202 gives intentional and negligent infliction of emotional distress claims a two-year limitations period.

Vazquez v. Suncast Corporation · filed 2019-06-24

Illinois’ two-year statute of limitations for personal injury claims, 735 ILCS 5/13-202, applies to Vazquez’s emotional distress claims.

Section 13-202 gives a plaintiff two years to bring an intentional infliction of emotional distress claim because the tort is a form of personal injury.

Wikar v. Wells Fargo Bank, N.A. · filed 2020-09-30

The statute of limitations for intentional infliction of emotional distress is two years, because the tort is a form of personal injury. Feltmeier, 207 Ill. 2d at 278; 735 ILCS 5/13-202 (West 2014). In the case at bar, Wells Fargo filed its foreclosure complaint on May 1, 2015, more than two years prior to plaintiff’s April 10, 2019, filing of the complaint at issue on appeal. Thus, even if it was not barred by res judicata, plaintiff’s claim would still be barred by the statute of limitations.

Section 5/13-202 sets a two-year limitations period for intentional infliction of emotional distress claims in Illinois.

Parham v. Lakeview Loan Servicing, LLC · filed 2021-03-08

IIED claims in Illinois are governed by a two year statute of limitations.

Section 5/13-202 gives Illinois intentional infliction of emotional distress claims a two-year limitations period.

Al-Loussi v. National Railroad Passenger Corporation · filed 2021-06-14

IIED claims have a two-year statute of limitations. ... Even tolling the time until June 2018 means that Al-Loussi was required to file his complaint by June 2020, but the Amended Complaint was filed in August 2020.

Section 5/13-202 gives a person two years to bring a claim for intentional infliction of emotional distress.

Grant v. Johnson · filed 2022-01-25

We agree that a cause of action for intentional infliction of emotional distress, as claimed by Lori, is subject to a two-year limitations period. 735 ILCS 5/13-202 (West 2020).

Section 5/13-202 requires intentional and negligent infliction of emotional distress claims to be brought within two years after they accrue.

McLaurin v. Chicago Transit Authority · filed 2022-02-10

Regarding McLaurin’s IIED and NIED claims, 735 ILCS 5/13-202 provides both claims must be brought “within 2 years from the accrual of the claim.” ... She is therefore outside the statute of limitations for filing. The motion to dismiss her IIED and NIED claims as untimely is granted.

Section 5/13-202 gives Illinois intentional infliction of emotional distress claims a two-year limitations period.

Mohammed v. Jenner & Block · filed 2022-02-28

The applicable statute of limitations for an IIED claim in Illinois is two years. Feltmeier v. Feltmeier, 798 N.E.2d 75, 85, 207 Ill.2d 263, 278 (Ill. 2003); 735 ILCS 5/13–202. ... The two-year limitations period therefore applies, and thus Mohammed’s IIED claim against the Jenner defendants is untimely.

Section 5/13-202 gives a plaintiff two years from accrual to bring an intentional infliction of emotional distress claim.

Campbell v. Freeedom Mortgage Corporation · filed 2023-01-31

The statute of limitations in Illinois for a claim for Intentional Infliction of Emotional Distress is two years after the claim accrues. ... The Intentional Infliction of Emotional Distress Claim is untimely based on the complaint’s allegations and amendment would be futile.

Section 5/13-202 gives a plaintiff two years to bring an intentional infliction of emotional distress claim.

Watson v. Metropolitan Enforcement Group of Southern Illinois · filed 2023-02-21

Statute of limitations for intentional infliction of emotional distress under Illinois law is two years. 735 ILCS 5/13–202.

The two-year limitations period applies to section 1983 claims, and an unresolved criminal charge alone does not establish a continuing violation that tolls it.

Mitchell v. Keenan · filed 1994-07-19

In the Memorandum Opinion and Order of April 21, 1994, the Court held that Plaintiffs’ claims were time barred under the State of Illinois two year personal injury limitations period set out at 735 ILCS 5/13-202 (Smith-Hurd 1993), which governs section 1983 actions. ... Moreover, and independently, it is the Court’s opinion that Mitchell cannot show “continued harassment” by the State’s failure to alter its long standing criminal court practice by specifically dismissing the criminal action permanently.

The two-year limitations period bars earlier harassment incidents when the plaintiff could recognize a claim at the time and the incidents cannot be linked as a continuing violation.

Garrison v. Lieutenant Tom Burke · filed 1999-01-14

Since the complaint was filed on May 15, 1991, and the statute of limitations is two years, see 735 ILCS 5/13-202, the trial court ruled that all conduct prior to May 15, 1989 was time-barred. ... Because Garrison did not require the light of subsequent events in order to discern that she had a claim, the assault may not be joined with Burke's later actions to defeat the statute of limitations. ... We thus affirm the district court's decision that there was no continuing violation.

Section 13-202 gives a plaintiff two years to bring an intentional infliction of emotional distress or related negligence claim; a continuing violation may make a claim timely when the violation could not reasonably have been discovered earlier.

Arnold v. Janssen Pharmaceutica, Inc. · filed 2002-08-09

The statute of limitations for Arnold’s intentional infliction of emotional distress (“IIED”) and related negligence claims is two years. ... This court believes that Illinois courts will eventually adopt a doctrine equivalent to the “continuing violation” doctrine applied by the federal courts in this circuit. Hence, the analysis outlined above applies equally to Arnold’s state tort claims and demonstrates their timeliness.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims arising in Illinois; equitable tolling can extend that period when a diligent plaintiff cannot identify additional defendants.

White v. Cooper · filed 1999-05-20

Thus, § 1983 claims arising in Illinois are governed by 735 ILCS 5/13-202, which provides for a personal injury limitations period of two years. ... Thus, equity would require tolling of the statute in this case to allow the addition of both state defendants and ADS, regardless of which defendants, if any, were responsible for plaintiffs lack of information.

The two-year personal injury limitations period may be tolled by legal disability or subject to equitable estoppel when the allegations support those claims.

Parks v. Kownacki · filed 1999-06-01

The two reasons we will examine are (1) defendants should be estopped from raising the statutory bars or (2) Gina was under a legal disability that tolled the application of the statutes. ... Taking as true these allegations of threats, unfulfilled promises, and rituals intended to bring about forgiveness, forgetfulness, and forbearance, we conclude that they support Gina’s claims of equitable estoppel and her claim of legal disability.

Section 5/13-202 provides the two-year limitations period borrowed for § 1983 suits filed in Illinois, and Illinois equitable tolling rules govern that borrowed period.

Shropshear, Norman v. Corp Counsel · filed 2001-12-20

That is the statute of limitations that the federal courts "borrow" for use in section 1983 suits filed in Illinois. ... We now hold, in conformity with all the appellate cases in other circuits that have addressed the issue, that the state, rather than the federal, doctrine of equitable tolling governs cases of borrowing.

Section 13-202’s two-year period for intentional infliction of emotional distress begins when a continuing series of similar tortious acts by the same actor ends.

Pavlik v. Kornhaber · filed 2001-11-20

We find that where, as here, the acts are continuous, by the same actor, and of a similar nature, the prescriptive period for intentional infliction of emotional distress does not commence until the last act occurs or the conduct is abated.

Section 13-202 gives a plaintiff two years to file an intentional infliction of emotional distress claim. For a continuing tort, the period begins with the last injury or when the tortious acts cease.

Feltmeier v. Feltmeier · filed 2002-09-18

The applicable statute of limitations for a cause of action alleging the intentional infliction of emotional distress is two years, because the tort is a form of personal injury. 735 ILCS 5/13-202 (West 1998). ... We find that the statute of limitations did not begin to run until the date of the last injury Lynn suffered or when Robert's tortious acts ceased to occur.

The two-year limitations period applies to Illinois § 1983 claims, but dismissal is inappropriate when the complaint does not establish when a continuing denial of medical treatment accrued.

Ruiz v. Williams · filed 2015-11-17

The Court cannot conclude, based on the face of the amended complaint, that Plaintiffs claim against Hardy accrued on December 30, 2011, and therefore is barred by the two-year statute of limitations.

The two-year limitations period is tolled while a prisoner exhausts administrative remedies.

Taylor v. Wexford Health Sources, Inc. · filed 2012-02-28

The district court's calculation was not quite right because the two-year statute of limitations period was tolled while Taylor exhausted his administrative remedies.

The two-year limitations period governing Illinois Rehabilitation Act and § 1983 claims is not extended by a grievance that duplicates grievances already resolved.

Wagner v. Hardy · filed 2015-07-28

Wagner’s third grievance does not change this outcome. We agree with the district court that because that grievance is duplicative of the first two, the statute of limitations was tolled only until the first two grievances were resolved.

Section 5/13-202 provides a two-year limitations period that began, for this prisoner’s § 1983 claim, when the prison grievance process was finalized.

Gevas v. Mitchell · filed 2012-08-20

Gevas sought to add Dr. Selmer within the two-year statute of limitations, which began to run in October 2007 when the Administrative Review Board finalized Gevas’s grievance process.

The two-year limitations period may be equitably tolled when a plaintiff acts with reasonable diligence to identify defendants needed to pursue a claim.

Bryant v. City of Chicago · filed 2014-02-28

The district court should have equitably tolled the statute of limitations because Mr. Bryant acted with reasonable diligence to obtain the missing information.

The two-year limitations period applies to section 1983 claims arising in Illinois; equitable tolling requires an extraordinary obstacle to filing suit.

Owens v. Godinez · filed 2017-06-12

For equitable tolling to apply, Owens would need to show that his ability to file suit was frustrated in “some extraordinary way.” ... He has not done so.

Section 5/13-202 supplies a two-year limitations period for Bivens claims arising in Illinois; an ongoing violation may remain timely until two years after the unlawful conduct ends.

Cesal v. Moats · filed 2017-03-20

In this case, Cesal’s injury took place in Illinois, which has a two-year statute of limitations. 735 ILCS 5/13-202. ... Cesal was not required to sue until after the unlawful conduct ended. ... We conclude that summary judgment on statute of limitations grounds for Cesal’s back claim was not appropriate.

Section 5/13-202 supplies a two-year limitations period for Illinois personal injury claims, including § 1983 claims that borrow that period; Illinois class action tolling can delay when the period runs.

McFields v. Cook County · filed 2018-04-13

In sum, Plaintiffs timely filed this case because their two-year limitations period did not start running until October 2016, when they no longer belonged to the Smentek class.

Section 5/13-202 sets a two-year limit for personal injury claims, including intentional infliction of emotional distress; continuing effects of a single act do not extend that period.

Kraszinski v. Rob Roy Country Club Village Association · filed 2018-07-19

Because Defendants sued Plaintiff in February 2010, [39-2] at 2, Count V became time-barred in February 2012, see 5/13-202. Any alleged injuries flowing from Defendants’ “single overt act” of filing a lawsuit against Plaintiff are time-barred “despite the continuing nature of the injury.” Feltmeier, 798 N.E.2d at 85.

Section 5/13-202 gives negligence claims a two-year limitations period. Leaving the original online post available does not extend that period as a continuing violation.

Toth Gray v. Lamp Liter, Inc. · filed 2019-07-31

The parties do not dispute that the negligence claims are subject to a two-year statute of limitations. See 735 ILCS 5/13-202. ... Here, Plaintiffs have alleged two single publication events with continual effects, which is not sufficient to establish a continuing violation. ... Plaintiffs have not pleaded a continuing violation. Their claims accrued on the dates Lamp Liter published their images on Facebook, and both their negligence and IRPA claims are time-barred.

The two-year limitations period for intentional infliction of emotional distress may begin at the last injury when the alleged conduct causes continuing or repeated injury.

Sharma v. Board of Trustees of the University of Illinois · filed 2019-08-26

Defendants first argue that the claim should be dismissed as untimely, based on the two-year statute of limitations for IIED claims under Illinois law. See 735 ILCS 5/13-202. ... For torts involving a continuing or repeated injury, the statute of limitations does not begin to run “until the date of the last injury or the date the tortuous acts cease.” Belleville Toyota, Inc., 770 N.E.2d at 177. Because Sharma alleges that Defendants repeatedly engaged in tortious conduct throughout his employment at UIC, it is possible that his IIED claim did not accrue until June 28, 2016, the date Sharma learned that the Board had granted Van Voorhees and Van Neck’s request for Sharma’s termination. Sharma asserted his IIED claim for first time in his First Amended Complaint in October 2017, less than two years later. Thus, there is a “conceivable set of facts, consistent with the complaint,” that defeats Defendants’ statute of limitations defense. Sidney Hillman, 782 F.3d at 928. The Court will not dismiss Sharma’s IIED claim on statute of limitations grounds.

Section 5/13-202 supplies a two-year limitations period for Illinois § 1983 claims; that period may be equitably tolled when a diligent plaintiff is misled about the claim date by official records.

Valdez v. Lowry · filed 2020-06-03

The statute of limitations for § 1983 claims in Illinois is two years. 735 ILCS 5/13-202; Draper v. Martin, 664 F.3d 1110, 1113 (7th Cir. 2011). ... Thus, we toll the statute of limitations and decline to bar Plaintiff’s excessive force claim for missing the deadline by a single day.

Section 5/13-202 supplies a two-year limitations period for § 1983 claims in Illinois, tolled while a prisoner completes the administrative grievance process.

Gardner v. Wexford Health Source · filed 2020-09-28

In Illinois, this time period is two years. 735 ILCS 5/13-202. ... That is incorrect – the statute of limitations in a § 1983 case is tolled while the plaintiff completes the administrative grievance process. ... As such, the statute of limitations expired was January 26, 2019 at the earliest, and his January 4, 2019 Complaint was timely filed.

Section 5/13-202 provides a two-year limitations period for Illinois personal injury claims; a claim based on a continuing wrong is timely if filed within two years after the wrong ends.

Al Momani v. Butler · filed 2020-09-30

In Illinois, where the events in Plaintiff’s complaint occurred, that period is two years. See Woods v. Illinois Dept. of Children and Family Svcs., 710 F.3d 762, 765-766 (7th Cir. 2013); 735 ILCS § 5/13-202. ... Accordingly, Plaintiff’s suit, filed on September 25, 2017, is timely within the two- year statute of limitations period.

Section 5/13-202 gives negligence claims a two-year limitations period; leaving an image publicly accessible after a single posting does not extend that period under the continuing violation doctrine.

Schnitzer v. RCI Dining Services (Kappa), Inc. · filed 2021-03-17

The statute of limitations for negligence claims is two years. 735 ILCS 5/13-202. ... The continuing violation doctrine does not apply in this case. It cannot be used either directly in the IRPA claim or through a negligence claim to extend the statute of limitations.

Section 5/13-202’s tolling provision does not apply when the plaintiff provided no confession or information used to prosecute him.

Jackson v. Department of Police · filed 2021-06-10

In his response to Officer Kelly’s motion, Plaintiff argues that the statute of limitations on his claims was tolled by 735 ILCS 5/13-202. But as Officer Kelly points out, the statutory language on which Plaintiff relies has no application here. ... There is no suggestion in either the complaint or Plaintiff’s response brief that he provided a confession or information that was used to criminally prosecute him.

Section 5/13-202 gives a plaintiff two years after a personal injury claim accrues to file suit; the period may be tolled while an inmate exhausts administrative remedies.

Cook v. Bon · filed 2021-08-11

Under Illinois law, a plaintiff must assert a personal injury claim within two years of the date the cause of action accrues. ... The Complaint was timely filed less than two years after Plaintiff’s claim accrued, based on application of the continuing violation doctrine and tolling that occurred while he exhausted his remedies.

Section 5/13-202 supplies a two-year limitations period that bars a claim against a former prison official whose involvement ended more than two years before suit, even when the alleged conditions continued.

Britton v. Kennedy · filed 2021-11-02

Plaintiff may not, however, assert claims as to the water, black mold, and insect infestation against former Warden Melvin as he is barred from doing so under the Illinois statute of limitations.

The two-year limitations period is not extended by pursuing administrative remedies about responses to earlier grievances.

Martin v. Youngman · filed 2022-06-03

Later pursuit of administrative remedies concerning responses to grievances about earlier grievances do not extend the timeframe for filing this lawsuit.

Section 5/13-202 provides a two-year limitations period for personal injury actions, which applies to § 1983 claims in Illinois; a prisoner who fails to follow grievance procedures cannot obtain tolling while pursuing a grievance.

Fulgham v. Admire · filed 2023-04-21

Illinois law provides a two- year statute of limitations for personal injury actions. ... Plaintiff failed to follow the proper grievance procedure, and therefore, tolling is not available to him.

Section 13-202’s two-year limitations period is not extended by the continuing-tort doctrine when the alleged acts do not form a continuous course of tortious conduct.

S.E. v. BMO Harris Bank National Ass'n · filed 2025-02-14

Here, given all the circumstances, we cannot say that any of the tortious acts William allegedly committed before June 29, 2021, are properly before us under the continuing-tort doctrine.

Illinois assault and battery claims have a two-year filing deadline, but a plausible claim of equitable tolling can prevent dismissal at the pleading stage.

Uribe · filed 2025-12-17

Uribe’s Illinois assault and battery claim is subject to a two-year statute of limitations. 735 Ill. Comp. Stat. 5/13-202. ... Because of the open questions that remain, evidence beyond the pleadings is necessary to fully analyze this issue.

The two-year limitations period for statutory penalties does not apply to claims under the Illinois Sales Representative Act because that Act does not impose a statutory penalty.

Dawson v. W. & H. VOORTMAN, LTD. · filed 1994-09-15

The court holds that the Sales Representative Act does not impose a statutory penalty for purposes of determining the proper statute of limitations.

Section 13-202’s two-year limitations period for statutory penalties does not apply to claims under section 155 of the Illinois Insurance Code because section 155 is remedial.

Marcheschi v. Illinois Farmers Insurance · filed 1998-08-03

Accordingly, we affirm the trial court’s denial of defendant’s section 2 — 619 motion to dismiss and hold that section 155 does not constitute a “statutory penalty” for purposes of the two-year statute of limitations in section 13 — 202 of the Code of Civil Procedure.

Section 13-202’s two-year limit for statutory penalties does not apply when an ordinance’s damages depend on actual harm.

Sternic v. Hunter Properties, Inc. · filed 2003-12-02

Section 13 — 202 does not apply here because the damages provided in sections 5 — 12—150 and 5 — 12—110(e) of the Ordinance are contingent on actual damages.

Section 13-202’s two-year limit for statutory penalties applies to actions seeking penalties under municipal ordinances.

Namur v. Habitat Co. · filed 1998-02-11

We hold that section 13 — 202 applies to plaintiffs’ action under the ordinance because “statutory” is broad enough to cover municipal ordinances.

Section 13-202's two-year limitations period applies to claims for statutory penalties imposed by municipal ordinances, including the damages provided by Chicago's security deposit ordinance.

Landis v. Marc Realty, L.L.C. · filed 2009-10-16

We find that the legislature must have intended for a "statutory penalty" to include a municipal ordinance. ... We find that subsection (f) of section 5-12-080 is a "statutory penalty" under section 13-202 and, thus, is subject to the two-year statute of limitations.

Section 13-202 requires an action for a statutory penalty to be filed within two years after it accrues. A fixed penalty imposed automatically without proof of actual damages qualifies.

In Re Marriage of Stockton · filed 2010-05-28

Therefore, the $35,900 is a “statutory penalty,” such that an action for said penalty must commence within two years after the action accrues.

Section 5/13-202 provides a two-year limitations period for ERISA § 502(c)(1) claims seeking statutory penalties.

Hakim v. Accenture United States Pension Plan · filed 2009-09-03

Therefore, this Court will apply Illinois’s two-year limitations period for statutory penalty claims to Plaintiffs § 502(c)(1) claims.

Section 13-202’s two-year limitations period for statutory penalties does not apply to private TCPA claims filed in Illinois state courts.

Wellington Homes, Inc. v. West Dundee China Palace Restaurant, Inc. · filed 2013-02-04

This interlocutory appeal pursuant to Illinois Supreme Court Rule 308 (eff. Feb. 26, 2010) involves two certified questions: (1) “Does Illinois’ two-year limitations period for a statutory penalty *** apply to TCPA claims brought in Illinois state courts seeking statutory damages pursuant to [section 227(b)(3) of the TCPA?]” and (2) “If not, what limitations period applies to TCPA claims brought in Illinois state courts?” We answer the first certified question in the negative. As to the second certified question, we conclude that the four-year federal catchall statute of limitations codified at 28 U.S.C. § 1658(a) applies to private TCPA claims filed in Illinois state courts.

Section 13-202 gives a plaintiff two years to bring a claim for a statutory penalty, including damages set without regard to actual harm.

King v. Gerber Realty, Inc. · filed 2022-06-30

Since section 5-12-170 “imposes automatic liability for a violation of its terms, sets forth a predetermined amount of damages, and imposes liability regardless of plaintiff’s actual damages, ... the provision is a ‘penalty’ ” subject to the two-year limitations period in section 13-202 of the Code (735 ILCS 5/13-202 (West 2018)).

Section 13-202’s two-year limitations period applies to municipal fines imposed automatically within a predetermined range without regard to actual damages.

City of Chicago v. Door Dash, Inc · filed 2024-09-20

Claims under the Municipal Code of Chicago that accrued more than two years prior to the filing of this action are barred by the statute of limitations. See 735 ILCS 5/13-202.

Section 5/13-202 bars battery claims filed after its limitations period expires.

Homola v. Morris Miles, Robert Morris, Nelson Metz, Warren Martin, and Joe Parente · filed 1995-05-18

Plaintiff's battery claim is barred by the statute of limitations, 735 ILCS 5/13-202, and the allegations of malicious prosecution do not rise to the level of a constitutional violation.

Section 13-202 gives a claimant two years to bring a personal injury claim; expiration of that period can establish when recovery from an uninsured motorist is no longer available.

Lisnik v. Meridian Mutual Insurance · filed 1995-06-30

The two-year statute of limitations for personal injury claims (735 ILCS 5/13 — 202 (West 1992)) expired on May 8, 1990. After that date, the uninsured motorist’s tort liability was established because plaintiff could never recover from him or her.

Section 5/13-202 gives a plaintiff two years to file an assault and battery claim.

Lynam v. Foot First Podiatry Centers, P.C. · filed 1996-03-12

Under Illinois law, an action for assault and battery is subject to a two-year .statute of limitations. 735 ILCS 5/13-202 (1993). ... As plaintiffs do not attempt to controvert the factual basis of this claim, we agree. Accordingly, the individual defendants’ Motion for Partial Summary Judgment As To Plaintiff Lynam’s Assault And Battery Claim (Count II) is granted.

Section 13-202’s two-year limitations period gives way to section 13-214’s four-year period for injuries arising from construction-related activities.

Tatara v. Peterson Diving Service · filed 1996-09-12

We have considered the parties' arguments and we recognize that the court only considered the issues in light of the two-year statute of limitations contained in section 13-202. However, given our de novo standard of review, we are not bound by the trial court's determinations. Therefore, we conclude that under the circumstances of this case, the four-year statute of limitations period contained in section 13-214 (735 ILCS 5/13-214 (West 1992)) applies to this case.

Section 13—202 gives plaintiffs two years to file a personal injury action.

Zito v. Gonzalez · filed 1997-08-05

Consequently, under the applicable two-year statute of limitations contained in section 13—202 of the Code of Civil Procedure, the time for filing a personal injury action arising from this accident expired on February 26, 1996. ... We further conclude, after applying sections 13—202 and 2—616(d) of the Code of Civil Procedure (735 ILCS 5/13—202, 2—616(d) (West 1994)), that plaintiffs are barred from prosecuting an action against Alejandro Gonzalez arising out of the automobile collision that occurred on February 26, 1994.

Section 13-202 gives a plaintiff two years to bring a personal injury action when the four-year limitation for construction work does not apply.

Merritt v. Randall Painting Co. · filed 2000-06-22

As such, her action is governed by the two-year statute of limitations set forth in section 13 — 202 of the Code and was properly dismissed by the trial court as time-barred.

Section 5/13-202’s two-year limitations period applies to medical monitoring claims because they are personal injury claims.

Carey v. Kerr-McGee Chemical Corp. · filed 1998-03-17

Because the medical monitoring claims are based on personal injury, the court agrees that the two year limitation period in § 202 applies.

Section 13-202’s two-year personal injury limitations period does not govern an action to pierce a dissolved corporation’s veil to collect an existing injury judgment.

Peetoom v. Swanson · filed 2002-10-04

We agree with plaintiffs’ position and find that the five-year limitations period contained in section 12.80 of the Act governs this case. ... Plaintiffs’ complaint in this case did not seek to recover damages from defendants on the basis of Swanson’s negligence, but instead sought to pierce Swanson’s corporate veil to enforce the judgment in the underlying litigation against defendants as corporate directors and shareholders. Therefore, the seven-year limitations period for enforcing judgments contained in section 12 — 108 of the Code would ordinarily govern actions of this type. However, because Swanson has been dissolved, section 12.80 of the Act reduces the limitations period to five years.

Section 13-202 does not apply to an injury to a family relationship merely because the plaintiff seeks emotional distress damages.

Dahlin v. Evangelical Child & Family Agency · filed 2002-11-06

The Dahlins’ claim is based on an injury to a relationship, from which emotional distress resulted, not on an injury to the person.

Section 13-202's two-year limitations period for injury to the person does not apply when no direct physical or mental injury is alleged.

People ex rel. Illinois Department of Labor v. Tri State Tours, Inc. · filed 2003-08-14

In the present case, the Department has alleged no direct physical or mental injury and therefore section 13-202 is inapplicable.

Section 13-202’s two-year personal injury limitations period does not govern injuries arising out of patient care; those claims are subject to the medical malpractice limitations provisions.

Brucker v. Mercola · filed 2006-03-03

The medical malpractice repose provision applies to count III of plaintiffs' amended complaint because count III alleged an injury that arose out of patient care.

Section 13 — 202 sets a two-year limit for personal injury actions, reduced to one year under the Tort Immunity Act when a local public employee causes the injury while acting within the scope of employment.

Sperandeo v. Zavitz · filed 2006-06-14

Section 13 — 202 provides a two-year statute of limitations for personal injuries. 735 ILCS 5/13 — 202 (West 2004). Section 8 — 101(a) of the Tort Immunity Act reduces this statute of limitations to one year for any such personal injuries that are caused by a local public entity or one of its employees acting within the scope of his or her employment.

Section 13-202 gives plaintiffs two years to file a personal injury action, but the one-year period in the Tort Immunity Act controls claims against local public employees.

Griffin v. Willoughby · filed 2006-12-15

Section 13 — 202 of the Code provides that personal-injury actions must be commenced within two years after the cause of action accrued. ... Paszkowski clearly establishes that section 8 — 101 of the Tort Immunity Act applies to plaintiffs action. Accordingly, plaintiffs action was time barred and the trial court properly dismissed it on that basis.

Section 13-202 does not treat a timely personal injury suit against an employee as preserving a later claim against the employer merely because the employer may be liable under respondeat superior.

Wilson v. Molda · filed 2009-11-13

We decline plaintiff’s invitation to rewrite the existing statute of limitations, as we believe that is the job of the legislature. 735 ILCS 5/13 — 202 (West 2006) (providing a two-year statute of limitations for personal injury actions).