Eighth Circuit Revives Plaintiff's Civil Rights Claims, Excusing Forfeiture of Argument That Claims Were Timely Under the Federal-Holiday Rule
In ‘Robinson’, a civil rights plaintiff had forfeited the argument that his claims, which had been dismissed at the Rule 12 stage as untimely, were in fact timely because the last day to file fell on a federal holiday and the complaint was filed the following day. The Eighth Circuit exercised its discretion to excuse the forfeiture, resurrecting all but one of the plaintiff’s §1983 claims.
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