USDC Motion to Dismiss Removes Code Enforcement Official From Civil Rights Case

In a Federal Court matter involving the planning and construction of a residential development, our Scranton, PA, based colleague, Mark Sheridan, argued the two year statute of limitations which governs civil rights suits applied to the allegations in the plaintiff developer’s amended complaint and further contended the “discovery rule” – which sometimes allows for an extension of the statute of limitations – did not apply as the developer knew, or should have known, of the potential “injuries” to its development at the time the alleged, wrongful acts of the code enforcement official took place. The Court agreed resulting in the dismissal of our client.