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Cake day: January 10th, 2024

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  • The sheriff’s attorneys filed a motion to dismiss the case, arguing that Taylor had waited too long to sue. They argued that Florida’s statute limits Taylor’s civil rights claims to seven years, and she filed her suit nine years after she was falsely arrested.

    However, Taylor’s lawyers presented a legal argument that—to their knowledge—hasn’t been used in this district court. The seven-year time limit functions as a “statute of repose,” preventing federal courts from applying it. Therefore, the court should consider the clock paused during the years she was a minor living with a guardian whose interests were working against hers. The team argued that under that interpretation, her deadline shifted to four years after she turned 18. Taylor filed within that window, the day before her 22nd birthday.

    District Judge Kathryn Kimball Mizelle, a Trump appointee, agreed. She ruled that most of Taylor’s claims could go forward, including allegations that sheriff’s detectives had maliciously prosecuted her and violated her right to bodily safety.

    [Attorney Brenda] Harkavy said this provides an extended timeline for other survivors to file suits if they were abused as children and continued to live under the care of someone whose interests were averse to theirs.

    This case sounds horrific, but if it opens up more opportunities for child victims to sue their abusers after becoming adults that will be a major victory.