A federal judge recently threw out a lawsuit against the La Salle County SAFE Team because the statute of limitations ran out — but that hasn’t kept two more plaintiffs from filing suit.
Two motorists from New Hampshire said in a federal lawsuit filed last month they were charged with cannabis possession following a bad stop by the State’s Attorney Felony Enforcement Team in late 2014. Charges against the suspects, Nehemiah Mayo and Dakota Burt, were later dismissed.
“Defendants fabricated a basis in order to stop Mr. Mayo’s and Ms. Burt’s vehicle,” wrote Victor Henderson, one of the motorists’ attorneys. “Defendants did not have a reasonable suspicion, based on articulable facts, that Mr. Mayo and Ms. Burt were involved in a criminal activity.”
Mayo and Burt may have a problem: The statute of limitations may have run out, considering they were stopped more than three years ago.
Should the statute be extended on the grounds the SAFE Team was ruled illegal last year? Federal Judge Amy St. Eve rejected that in a would-be class action lawsuit that she dismissed earlier this month.
Mayo and Burt, however, are before a separate judge, John Tharp, who may not be bound by St. Eve’s ruling.
Tom Collins can be reached at (815) 220-6930 or [email protected]. Follow him on Twitter @NT_Court.