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Richard Worthington (plaintiff) was arrested on February 25, 1989 by two officers of the Peoria Heights Police Department. While being arrested, Worthington’s already injured left hand was re-injured by the officers, causing several bones to be broken. Two years after the incident, Worthington filed suit against the Village of Peoria Heights (defendant) as well as “three unknown named police officers,” the officers who injured him. The suit was filed within the statute of limitations period for suits of this type. Approximately five months later, on June 17, 1991, Worthington amended his complaint, naming Dave Wilson (defendant) and Jeff Wall (defendant) as the officers who broke his hand. The amended complaint also omitted any claim against the Village of Peoria Heights. Wilson and Wall filed a motion to dismiss, arguing that the amended complaint violated the statute of limitations for this type of suit.
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