Towne v. Donnelly, No. 21-2469 (7th Cir. 2022)
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Towne was the LaSalle County State’s Attorney, 2006-2016. Donnelly worked as a legal intern with that office in 2012 and impermissibly accessed a file about the ongoing prosecution of her son. Towne locked the file to prohibit her continued access. A few years later, Donnelly applied for a position with the State’s Attorney’s Office. Towne did not hire her. Donnelly defeated Towne in the 2016 election for State’s Attorney, then launched an investigation into Towne’s conduct as State’s Attorney; she enlisted assistant state’s attorneys and Ottawa police officers to investigate. For seven months, they interviewed witnesses, allegedly concealing exculpatory portions of the interviews, and fabricating inculpatory testimony. A grand jury indicted Towne, who successfully moved to have a special prosecutor appointed. The special prosecutor did not act on the charges. After 10 months with no development, Towne successfully moved to dismiss the charges on speedy trial grounds.
Towne filed suit, 42 U.S.C. 1983, alleging that the prosecution was retaliation for his campaign for state’s attorney and violated his First Amendment rights. The district court dismissed the complaint as untimely, applying a two-year statute of limitations that began to run when Towne was indicted, not when he was acquitted. The Seventh Circuit affirmed. First Amendment retaliation claims accrue when the underlying criminal charge is brought; the Supreme Court’s 2019 decision in McDonough v. Smith did not change that rule.
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