Gleeson v. Prevoznik

OPINION OF THE COURT

CHAGARES, Circuit Judge.

Plaintiff appellant Dr. Michael F. Glee-son appeals the District Court’s decision dismissing his unlawful search and seizure and related civil conspiracy claims as time-barred. The District Court granted defendant assistant district attorney John C. Prevoznik’s motion in limine, challenging the timeliness of Gleeson’s claims, and denied Gleeson’s motion to strike the limitations defense. In this appeal, Gleeson argues that Prevoznik’s assertion of the affirmative defense of statute of limitations was untimely, and the “discovery rule” tolled any…