Laskaris v. Hice

Laskaris v. Hice was a case of prisoner litigation. Such matters often do not end in the inmate’s favor. Here, in 2011, Laskaris received a Misconduct. After he was found guilty at the Misconduct hearing, Laskaris timely filed an appeal to the Program Review Committee. In 2014, when his grievance appeals were exhausted, Laskaris filed a Writ of Summons in the trial court. In 2016, the court ordered Laskaris to file a complaint within 90 days. On April 2, 2018, Laskaris filed the Complaint, seeking damages for an alleged violation of 42 U.S.C. § 1983 as well as retaliation and conspiracy claims. On April 23, 2018, Defendants filed a Preliminary Objection alleging that the statute of limitations barred the Complaint. On November 4, 2019, the trial court sustained the Defendants’ Preliminary Objection and dismissed the Complaint. The Pennsylvania Commonwealth Court affirmed. The issue before the Court was whether Laskaris’s filing of a grievance tolled the statute of limitations. The Court ruled that, when the Misconduct was filed in 2011, Laskaris knew that he was harmed because he knew that the Misconduct was allegedly false and that he received punishment for an act that he allegedly did not commit. Based on Boyd v. Pa. Dep’t of Corr. (Pa. Cmwlth. No. 1897 C.D. 2016, filed August 16, 2017), the Court held that Laskaris’s grievance appeals did not toll the statute of limitations for his Section 1983 action for monetary damages.

John-Laskaris