Miller v. Maher

Decedent was arrested for contempt of court and was treated for alcohol withdrawal before being jailed. After he was jailed, his repeated requests for medication were denied. He was assigned high risk status and scheduled to be observed every fifteen minutes. A doctor prescribed Haldol and Libruim after observing that he was disoriented. He died soon after, on September 27, 2007. In August 2006, decedent's ex-wife was named administrator of the estate and filed a claim under 42 U.S.C. 1983. The district court dismissed as time-barred by the two-year Illinois statute of limitations for personal injury actions. The Seventh Circuit affirmed, rejecting an argument that the court should have tolled the limitations period because the sole beneficiary of the estate was a minor when the cause of action arose.