The plaintiff could proceed with his malicious prosecution claims, and any claims concerning the rape kit were not time-barred because of the defendants' alleged deliberate deception in falsely stating that they searched for, but did not find, the rape kit.
Further, the plaintiff failed to name particular defendants responsible for his alleged arrest, and improperly sought to assert claims for federal civil rights liability against the county on the basis of vicarious liability.
The court also found that one defendant, the former U. Secretary of Homeland Security, was entitled to sovereign immunity on civil rights claims against him.
Most of the plaintiff's federal civil rights claims were time barred by a New Mexico three-year statute of limitations when they arose out of his arrest, detention, interrogation and release, and he filed his lawsuit more than three years after his release.
Additionally, the trial judge did not abuse his discretion, under the circumstances, in finding that the lawsuit was frivolous because it was time-barred.
A lawsuit filed approximately five years after events giving rise to an arrestee's federal civil rights claims was barred by an applicable Georgia two-year statute of limitations.