FOR THE EASTERN DISTRICT
1 In deciding a motion for judgment on the pleadings under Rule 12(c), a court must “‘view the facts presented in the pleadings and the inferences to be drawn wherefrom in the light most favorable to the . . . non-moving party’” Green v. Fund Asset
Management, L.P., 245 F.3d 214, 220 (3d Cir. 2001), quoting Institute for Scientific Info, Inc. v. Gordon & Breach, Science Publishers, Inc., 931 F.2d 1002, 1004 (3d Cir.1991).
(“it would seem that being subjected to a term of imprisonment is a harm or injury to the person. Nor can there be any doubt the fact of this harm is readily ascertainable upon its occurrence.”)
On June 25, 2002, plaintiff filed this civil rights action.2 On February 18, 2003, movants filed an answer to the second amended complaint, asserting a statute of limitations defense, and now move for judgment on the pleadings.
Here, a period of 25 years elapsed between plaintiff’s arrest and his assertion of a federal civil rights violation. Plaintiff argues that he was prevented from asserting his rights “in an extraordinary way” because defendant Grove was a member of the 5 Squad, a group of Philadelphia police officers engaged in “a long-standing pattern of the most appalling public corruption.” United States v. Wilson, No. 88-282, Government Sentencing
“To invoke equitable tolling, [plaintiff] must show that [he] exercised reasonable diligence in investigating and bringing [his] claims.”
"One who fails to act diligently cannot invoke equitable principles to excuse that lack of diligence." Baldwin County Welcome Center v. Brown, 104 S. Ct. 1723, 1726 (1984)