Williams v. Vaccaro

Background

Shamark Williams brought this action against Michael Vaccaro and other defendants. The opinion identifies the claim against Officer Vaccaro as an action under 42 U.S.C. § 1983, a federal civil-rights statute. The court previously ordered Williams to explain why the claim against Vaccaro should not be dismissed without prejudice for failure to timely serve him. Magistrate Judge Aaron recommended dismissal without prejudice in a June 1, 2022 report and recommendation.

The court adopted that recommendation and dismissed the action against Officer Vaccaro without prejudice. It then ordered Williams to show cause—that is, to explain—why the dismissal should not be converted to one with prejudice because the statute of limitations had run. Williams filed no response.

Court’s reasoning

The court stated that the claim accrued on January 12, 2018, and that the applicable statute of limitations was three years, making January 12, 2021 the last day for serving Officer Vaccaro. It stated that, in a Section 1983 action, the defendant must be served before the limitations period expires or the claims against that defendant are barred. The court also stated that, as far as it knew, Vaccaro had not been served, and that Williams had identified no reason to apply equitable tolling, a doctrine that can extend a filing or service deadline in appropriate circumstances.

Disposition

Judge Colleen McMahon ordered that Officer Vaccaro’s dismissal from the action without prejudice be converted to a dismissal with prejudice. The opinion addresses the service deadline and limitations period; it does not decide the merits of the underlying claim.