Randall v. City of Phila. Law Dep’t — civil rights — affirmance — Bibas

A man was arrested and prosecuted in Philadelphia; as a result of that prosecution, other jurisdictions filed detainers for violating his probation. When Philly dropped the charges , the man was released into the other jurisdictions’ custody and was held another four months. Later, the man sued Philadelphia for malicious prosecution. His suit was timely filed if the statute of limitations started when the other jurisdictions released him, but untimely if it started when Philadelphia released him; stated differently, it was timely if the continuing-violation doctrine applied to his custody by non-parties on the resulting detainers, untimely if it didn’t. Yesterday, the Third Circuit affirmed dismissal of his suit as untimely, holding that the continuing-violation doctrine did not apply.

Joining Bibas were Smith and Chagares. The case was decided without oral argument.