Palmer v. State

Claimant pro se alleges that the untimely sealing of his criminal case file by the Clerk of the Bronx Criminal Court pursuant to CPL 160.50 prevented him from timely filing his malicious prosecution claim pursuant to 42 USC § 1983.

A cause of action under 42 USC § 1983 accrues “when the plaintiff knows or has reason to know of the injury which is the basis of his action” (Pearl v City of Long Beach, 296 F3d 76, 80 [2002], cert denied 538 US 922 [2003] [internal quotation marks and citations omitted]). Thus, the statute of limitations on claimant’s federal malicious prosecution claim began to…