Polanco v. LombardiAnnotate this Case
In this negligence case, the Supreme Court affirmed the judgment of the superior court for Defendants on all counts in Plaintiffs' complaint, holding that Plaintiffs' claims were filed after the three-year statute of limitations had run and were not tolled by the discovery rule, the holding in Heck v. Humphrey, 512 U.S. 477 (1994), the exoneration rule, R.I. Gen. Law 9-1-20, or the doctrine of equitable tolling.
Polanco was convicted of assaulting a bar patron with a pool cue. The responding police officer, Michael Camardo, filed no report. After Polanco was convicted, two witnesses swore in affidavits that Polanco was not the assailant. The trial justice granted a new trial, and the State dismissed the case against Polanco, who had been incarcerated for thirty-two months. Polanco and his wife later sued the City of Providence and Camardo, alleging negligence. Defendants moved for summary judgment on the grounds that the complaint was time-barred. Plaintiffs objected, arguing that the discovery rule or equitable tolling should apply. The hearing justice granted summary judgment for Defendants. The Supreme Court affirmed, holding that the complaint was untimely and Plaintiffs' claims were not tolled.