Skrapits v. Skala

MEMORANDUM OPINION

Motion To Dismiss

MAROVITZ, District Judge.

This is a civil rights action pursuant to 42 U.S.C. § 1983 for alleged deprivations of rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution. The incident giving rise to this action allegedly involved false imprisonment and malicious prosecution accompanied by physical injury. Defendants have moved to dismiss this action for failure to comply with a six month notice provision of Illinois law, Ill.Rev.Stat. Ch. 85, § 8-102 (1967).

Where, as in Federal civil rights actions, a Federal statute does…