Accrual

What It Is

Accrual is the legal term for when your clock starts running on the statute of limitations. Miss the deadline and your case gets thrown out — no matter how strong it is. So knowing exactly when your claim “accrued” is critical.

The General Rule

A § 1983 claim accrues when the plaintiff knows or has reason to know of the injury that forms the basis of the action. Wallace v. Kato, 549 U.S. 384 (2007). You don’t need to know every legal detail — just that you were harmed and who harmed you.

For example, if an officer uses excessive force during an arrest, your claim typically accrues on the date of the arrest, because you knew immediately that you were injured.

Special Accrual Rules

Different types of § 1983 claims can have different accrual dates:

• False arrest: Accrues when you are detained — or at the latest, when you are bound over by a magistrate or arraigned. Wallace v. Kato, 549 U.S. 384 (2007).
• Malicious prosecution: Accrues when the criminal proceedings end in your favor. McDonough v. Smith, 588 U.S. 109 (2019).
• Due process (fabricated evidence): Also accrues when the criminal case terminates favorably. McDonough v. Smith.
• Continuing violations: If the unconstitutional conduct is ongoing (like a pattern of harassment), each new act may restart the clock for that particular act.

The Discovery Rule

Some courts apply a discovery rule — the clock doesn’t start until you actually discover (or reasonably should have discovered) the injury. This can matter when the harm is hidden, such as an illegal search you didn’t learn about until later.

Why It Matters

The statute of limitations for § 1983 borrows from the state’s personal injury deadline — often two or three years depending on the state. If your claim accrued three years and one day ago in a state with a three-year limit, you’re out of luck.

Practical Tips

• Write down the date of every incident of police misconduct as soon as it happens.
• Don’t wait. Even if you think tolling might apply, file as early as possible.
• Check your state’s deadline. The limitations period varies by state. Count carefully from the accrual date.
• If criminal charges are pending, research whether your particular claim requires favorable termination before you can sue.

Key Takeaway

Your § 1983 claim usually accrues the day you are harmed. Mark that date, count the deadline, and file before time runs out.