What is Michigan's statute of limitations for s*xual assault cases? $100M lawsuit filed against Diddy thrown out by judge over state law

A $100 million lawsuit filed against Diddy was recently shut dow in the federal court. Per AllHipHop, the suit was filed by Derrick Lee Cardello-Smith, an inmate from Michigan who accused the rap mogul of s*xual assault, citing an incident that took place nearly three decades ago.

Judge Judith E. Levy, who rejected the lawsuit, cited Michigan's statute of limitation as the reason behind the rejection. According to HelpingSurvivors.org, a statute of limitation is a set time-frame within which you must take legal action in relation to any wrongdoing.

The purpose behind these limitations is to prevent people from falsely convicting someone with outdated evidence. In Michigan, the current statute of limitations for filing a civil lawsuit in the state is 10 years from the date the assault took place.

For victims of childhood s*xual abuse, the limitations are slightly variable. They have until their 28th birthday to sue their attacker for damages. In case any injuries caused by the criminal s*xual conduct are discovered, they can file within three years of the discovery.

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Diddy didn't attend the virtual hearing for the lawsuit last year

The lawsuit filed against Diddy, which has currently been dismissed in the court, was filed months ago, on September 9, 2024, when Cardello-Smith - who is serving time at the Earnest C. Brooks Correctional Facility - claimed that the Coming Home rapper had drugged and later assaulted him s*xually at a 1997 party.

According to Daily Mail, after Cardello-Smith had first sued Diddy for $100 million, the Finna Get Loose rapper neither responded to the lawsuit nor attended a virtual hearing scheduled for Monday, September 9.

His absence led the judge to enter a default judgment against Combs, with the 55-year-old ordered to pay the victim $100 million.

In his filing, Derrick alleged that he first crossed paths with the Victory rapper when he worked at a restaurant in Detroit. The suit described the incident to have taken place at a 1997 party, where both Smith and Combs were smoking marijuana and drinking.

At one point during the party, Derrick claimed that Diddy placed a hand on his buttocks while performing a s*xual act with a woman.

The victim also claimed to have accepted a drink from Diddy afterwards, which had allegedly been spiked, leading to him passing out.

As he came back to his senses, Derrick saw the 55-year-old having s*x with one of the women at the party, and allegedly told him:

"I did this to you, too".

The lawsuit was filed a month after Cardello-Smith had filed a temporary restraining order against Diddy in August. The inmate had evidence of records showing that Combs had visited him in the facility.

Per Derrick, he was offered $2.3 million by the hip hop mogul to drop the s*xual assault allegations against him.

Marc Agnifilo - Diddy's attorney at the time, had called Derrick a "s*xual predator" while talking to Daily Mail about it, saying:

"This man [Cardello-Smith] is a convicted felon and sexual predator, who has been sentenced on 14 counts of s*xual assault and kidnapping over the last 26 years."

Agniflo continued:

"His resume now includes committing a fraud on the court from prison, as Mr. Combs has never heard of him let alone been served with any lawsuit. Mr. Combs looks forward to having this judgment swiftly dismissed."

However, soon after the lawsuit's ruling, Diddy was arrested following the raid of both his homes in the US, on September 16, 2024.

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Judge Judith Levy dismissed Cardello-Smith's lawsuit by saying:

"[Smith] filed this lawsuit in 2024, long after the applicable statute of limitations expired."

His narrative was thereafter dismissed as irrelevant or unsupported by Michigan law, per AllHipHop.