- NEW!
by Sally on July 12th, 2009
Absolutely there are statute of limitations on civil rights claims. There is also a requirement that makes you file a claim with the State (sometimes w/i 6 months time period. The Federal 1983 statutes of limitation depend upon the state statute of limitation. So, if Juan wants to sue the police department for a 1983 action in court, Juan has 2 years from the date of the incident to file that federal claim (the 2 years came from California's 2 yr SOL for personal injuries.
If you have a case, I would talk to an attorney in your area asap. The Govt Tort Act is tricky in California.
If you're in Cal, you can email me and I might be able to get you started.
by GregPredmore on April 19th, 2009
Yes, follow this link.
http://www.expertlaw.com/library/limitations_by_state/
My state, Pennsylvania, has a 2 year limit for most Civil rights stuff.
by Sally on July 12th, 2009
Just kidding; it's not that simple; technically a 1983 claim doesn't have a statute of limitations per se, but 42 USC 1988(a) requires federal courts to borrow a state's limitation period. So every state is different. When the cause of action accrues (basically begins to run) is a question of federal law. Oversimplifying a cause of action accrues when the plaintiff knows or has reason to know of the injury that is the basis of his or her claim. So in a wrongful termination case, the cause of action accrues when the plaintiff is notified that he is being canned; not the effective date of the termination. I don't know what you're legal background is, if any, but many attorneys get themselves in trouble be delving into this arena--be careful and good luck.
by Seeya says Dont Ever Give Up on July 12th, 2009
meant as comment
by Goldfinger on April 30th, 2009
The federal courts usually defer to the respective state's own statute of limitations for civil claims but there are always exigent circumstances such as exhaustion of other attempted remedies.
by Factotum on April 19th, 2009
I hope so as the meaning of a civil rights violation is not consistent from decade to decade.
Can a 3rd degree felon vote?
by Answerbag Staff on May 15th, 2011
| 1 person likes this
Can movie theaters check handbags?
by Answerbag Staff on May 14th, 2011
| 1 person likes this
if i got my visa and passport tooken away 3 years ago can i get it back and go back to the us ?
by Sthefaniaa_A on April 17th, 2011
| 1 person likes this
A new study shows that crime goes up in areas that ban marijuana dispencaries. So should we put pot clubs in all high crime areas then?
by calicorey on September 21st, 2011
| 1 person likes this
Name a civil right married couples have that non-married couple do not have.
by Homeconnection on December 8th, 2010
| 1 person likes this
You're reading Is there a statue of limitations on civil rights violations?
Your favorite Q&A site is on Facebook! Become a fan to connect with the ever-growing community of Answerbaggers, share your thoughts and find out what Answerbag's up to next!
Comments
Show me in United States Code
by Seeya says Dont Ever Give Up on July 12th, 2009
Plus6
by Seeya says Dont Ever Give Up on July 12th, 2009
please?
by Sally on July 12th, 2009
Just kidding; it's not that simple; technically a 1983 claim doesn't have a statute of limitations per se, but 42 USC 1988(a) requires federal courts to borrow a state's limitation period. So every state is different. When the cause of action accrues (basically begins to run) is a question of federal law. Oversimplifying a cause of action accrues when the plaintiff knows or has reason to know of the injury that is the basis of his or her claim. So in a wrongful termination case, the cause of action accrues when the plaintiff is notified that he is being canned; not the effective date of the termination. I don't know what you're legal background is, if any, but many attorneys get themselves in trouble be delving into this arena--be careful and good luck.
by Sally on July 12th, 2009
not an attorney just sick and tired of states trampelling our civil rights for money and the federal that bribes the states.
by Seeya says Dont Ever Give Up on July 13th, 2009