Judge John Koeltl
County court convicted Kinlock of third-degree rape in 2006. Yourthformerly employed by the New York State Board of Examiners of Sex Offenderswas assigned to create a case summary report, recommending a risk level for Kinlock based on his criminal history. Her 2007 report summary allegedly contained false or misleading statements that Kinlock was arrested in North Carolina in 2001 for forgery, and convicted of burglary and fraud in 2002. County Court’s 2007 post-hearing order designated Kinlock a Level III sex offender under New York Correction Law article 6-c. The order was affirmed on appeal. Less than two months after designation, Kinlock brought an Article 78 petition contesting his risk assessment. District court dismissed Kinlock’s Nov. 16, 2011, pro se lawsuit under 42 USC §1983docketed Nov. 28, 2011as time barred by New York’s three-year statute of limitations. Kinlock learned of his injury on Sept. 25, 2007, when the order designating him a Level III offender was issued. Thus the statute of limitations began to run on that date and any action should have been filed within three years thereof. Thus, the 2011 complaint was untimely.
