Equitable Estoppel Saves Untimely Civil Rights Action

Aug. 17, 2011, 4:00 AM UTC

When a 42 U.S.C. §1983 claim has been delayed by the affirmative misrepresentations of the potential defendants, the doctrine of equitable estoppel precludes the defendants from benefitting from the statute of limitations, the U.S. Court of Appeals for the Ninth Circuit held July 28. (Estate of Amaro v. City of Oakland)

In this case, the plaintiff’s decedent died after having been released from police custody. His death was attributable to the effects of untreated broken ribs. Before he died, he stated that the police had beaten him and denied him medical treatment during the five days he ...

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