Appellate Law

CA1: a strange 1983 statute of limitations problem

By S. COTUS

Cao v. Commonwealth of PR, No. 07-1394.  This is a 1983 case brought by a an ?an elderly resident [who was] was removed from her home, made to undergo a psychological evaluation, and placed in a substitute home and, later, a state institution for the elderly.?  This comes down to a statue of limitations issue (analogizing to Puerto Rico?s statute of limitations).  ? The Commonwealth identifies this as occurring on March 16, 2004, the day Cao was first removed from her home, while Cao instead puts forth August 2, 2005, the day she was notified that the state court had dismissed all custody proceedings against her.?  The First says that the commonwealth won, because this is when she knew of the injuries, and equitable tolling doesn?t apply.    But, is the First really saying that she should have brought a 1983 action while the state court custody proceedings were proceeding?  Wouldn?t that be considered some kind of impermissible collateral attack.

Full post as published by Appellate Law and Practice on May 13, 2008 (boomark / email).