Statute of Limitations

What It Is

The statute of limitations sets the deadline for filing a lawsuit. If you miss it, your claim is time-barred — the court will dismiss it regardless of the merits.

§ 1983’s Borrowed Statute

Here’s the complication: § 1983 doesn’t have its own statute of limitations. Under Wilson v. Garcia, 471 U.S. 261 (1985), federal courts borrow the state’s personal injury statute of limitations for the state where the violation occurred.

This means the deadline varies by state:

• 1 year: Kentucky, Louisiana, Tennessee
• 2 years: Texas, California, Pennsylvania, most states
• 3 years: New York, New Jersey, Connecticut
• 4 years: Nebraska, Wyoming
• 6 years: Maine, North Dakota

Check your state. Get it wrong and your case is over before it starts.

When the Clock Starts

The limitations period begins to run when you know or should know of the injury and its cause. Wallace v. Kato, 549 U.S. 384 (2007).

For most police misconduct cases, this is the date of the incident — the arrest, the use of force, the search. You knew about it because it happened to you.

But some claims have delayed accrual:

• Malicious prosecution: The clock doesn’t start until the criminal proceedings terminate in your favor. Heck v. Humphrey, 512 U.S. 477 (1994).
• Continuing violations: If the misconduct is ongoing (like unconstitutional jail conditions), the clock may not start until the violation ends.

Tolling

Some circumstances pause the clock:

• Minority: If you were a minor when the violation occurred, the clock may be tolled until you reach age of majority (state law varies)
• Mental incapacity: Some states toll for mental disability
• Equitable tolling: In rare cases, courts will toll the statute if the defendant actively concealed the violation or you were prevented from filing

The Hard Truth

Most pro se litigants don’t know about the statute of limitations until it’s too late. By the time you finish the criminal case, recover from the incident, and figure out you can sue, the deadline may have passed.

If your incident was recent: file sooner, not later. You can always amend the complaint. You can’t un-miss a deadline.

Key Cases

• Wilson v. Garcia, 471 U.S. 261 (1985) — State personal injury SOL applies
• Wallace v. Kato, 549 U.S. 384 (2007) — Accrual for false arrest claims
• Heck v. Humphrey, 512 U.S. 477 (1994) — Deferred accrual for claims that imply invalidity of conviction