Brent Perry v. St. Joseph Cnty., Mich.

Summary

The court held that Perry’s federal claims were timely because Michigan’s class-action tolling rule applied from the filing of the earlier class action through his opt-out from its settlement. The earlier action’s dismissal did not permanently end tolling because the district court later reopened it, and the invalidity of the putative class did not eliminate tolling from the outset. The court vacated the dismissal and remanded for the district court to determine whether the County had the required notice of Perry’s claims.