Tolling
When the statute of limitations clock pauses — minority, disability, concealment, or other grounds that buy you more time.
What It Is
Tolling pauses or delays the running of the statute of limitations. If the limitations period is tolled, the clock stops — and the time during the tolling period doesn’t count against your deadline.
Types of Tolling
Statutory tolling — State law automatically pauses the clock in certain situations:
- Minority: If you were under 18 when the violation occurred, the clock typically doesn’t start until you turn 18 (varies by state)
- Mental incapacity: Some states toll for mental disability that prevents you from managing your affairs
- Absence from state: Some states toll while the defendant is out of state
Equitable tolling — Courts pause the clock when fairness demands it:
- The defendant actively concealed the violation
- You were reasonably unaware of the injury
- You pursued your rights diligently but extraordinary circumstances prevented timely filing
Heck tolling — When the Heck doctrine bars your § 1983 claim until a criminal conviction is overturned, some circuits toll the limitations period during the conviction. Others don’t — creating a trap where the claim is simultaneously barred by Heck and expired by the SOL.
§ 1983 and Tolling
Because § 1983 borrows the state’s personal injury statute of limitations, it also borrows the state’s tolling rules — with some federal overlay. Board of Regents v. Tomanio, 446 U.S. 478 (1980).
Federal courts apply the state’s tolling rules unless they’re inconsistent with federal policy.
The Practical Issue
Don’t rely on tolling. It’s an argument of last resort when you’ve already missed the deadline. Courts construe tolling narrowly, and the burden is on you to show it applies.
If your incident is within the limitations period, file now. If you think it might be expired, research your state’s tolling rules immediately — and consider filing anyway with a tolling argument.
Key Cases
- Board of Regents v. Tomanio, 446 U.S. 478 (1980) — State tolling rules apply to § 1983
- Holland v. Florida, 560 U.S. 631 (2010) — Equitable tolling standard (habeas context, but framework applies broadly)