The following excerpt is from Powell v. Lab Corp., 19-215 (2nd Cir. 2019):
First, as the district court correctly determined, the Section 1983 claims were untimely and there was no basis for equitable tolling. "Although the statute of limitations is ordinarily an affirmative defense that must be raised in the answer, a statute of limitations defense may be decided on a Rule 12(b)(6) motion if the defense appears on the face of the complaint." Thea v. Kleinhandler, 807 F.3d 492, 501 (2d Cir. 2015) (citation omitted). The statute of limitations for a
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