Nimham-El-Dey v. Vasquez

Background

Nimham-El-Dey filed a complaint under 42 U.S.C. § 1983 while detained on Rikers Island. He was proceeding without a lawyer and without paying filing fees. He sued two New York City Police Department officers, alleging false arrest and failure to protect. He stated that the events supporting his claims occurred in 2008 and acknowledged in his complaint that the claims were untimely.

The court had ordered Nimham-El-Dey to explain why the complaint should not be dismissed as barred by the statute of limitations, which is the deadline for filing a claim. In his response, he referred to threats, duress, coercion, fear of death, a conspiracy involving him and his family, and worsening medical problems.

Court’s analysis

The court held that the false-arrest claims were based on events in 2008 and were therefore time barred. The failure-to-protect claims also appeared related to the 2008 events. The court stated that the statute of limitations for § 1983 claims is three years.

The court considered equitable tolling, a doctrine that can extend a filing deadline in compelling circumstances. It found that Nimham-El-Dey’s general references to threats, duress, and coercion did not explain why he waited thirteen years to sue and did not meet the standard for equitable tolling. The court also noted that Nimham-El-Dey had been given notice and an opportunity to address the filing deadline.

Disposition

The court dismissed the action for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(ii), applying the prisoner and fee-waiver screening rules. The opinion does not state whether the dismissal was with or without prejudice. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judge Laura Taylor Swain directed the Clerk of Court to mail Nimham-El-Dey a copy of the order and record service on the docket.