The Truth About Statutes of Limitations in Civil Actions
As always, let’s read the relevant Federal Statute to start.
28 U.S. Code § 1658 – Time limitations on the commencement of civil actions arising under Acts of Congress states:(relevent parts highlighted)
“(a)Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues.”
Let’s Begin;
1. “A civil action arising under an Act of Congress” -Such as §1983, §1985, §1986, §2000aa are all “civil actions arising under Acts of Congress”.
2. “may not be commenced later than 4 years after the cause accrues” There it is, “4 years” is the Federal Statute of limitations for civil actions by law. A Federal Judge cannot extend that time, other federal statutes disallow it.
3. Now, the word “accrues”. Definition from Mirriam-Webster Dictionary is “accumulates over a period of time”. So, the Federal Statute time clock begins tolling the statutory limitation when the case “accumulates” and terminates. Or, after it “runs it’s course”. In other words when the Constitutional violation ENDS. We’ll give an example of why this is so convoluted below.
4. Now, the caveat, “Except as otherwise provided by law”. This exception is what the Federal court uses to defer the Statute of Limitations to whatever the State Statutory limit is. So, if the State Statute of Limitation is 2 years. Then your statute of limitations will be held to that 2 years, even in a Federal Court.
5. AND, the Federal Courts will also defer the “starting of the clock” to the State statute as well. So if the State Statute says “may not be commenced later then 2 years after the action “occurs”(rather then “accrues”), then the clock starts on the day the violation occurred. If the State Statute matches the Federal Statute with “accrues”, then it begins when your cause of action is terminated.
6. Finally, State Statutory limitations on civil tort actions range from 2 – 10 years. IF the State statute allows more than 4 years to it’s limitation then the Federal Statute of 4 years will apply in the Federal Court action. Basically, a State can shorten the statutory limitation but it cannot go beyond the 4 year Federal Statute in the Federal Court action.
7. Now more about that term, “accrues”. In a 4th Amendment Claim under §1983 for a false arrest, for example. You’re falsely arrested, take the ride, processed and held over the weekend for a bond hearing which ends up happening 4 days after the false arrest, Then, at the Bond Hearing you’re bonded out or ROR or are held for trial. Your clock starts on the day you are either released or held by a Judge, not the day of the arrest. Regardless of whether the charges are dropped OR it goes to Court from there, the false arrest terminated when you were “un-arrested, or released from the false arrest. In other words, when a Court takes over the “false arrest”, the Court is responsible for it’s own actions and the officer’s arrest has ended. When you are released from the false arrest is when the violation of your Rights has “accrued”.
Direct Link to Federal Statute of Limitations
8. So to dig a little deeper, a “false arrest” in tort law is properly designated a false imprisonment because a false imprisonment only occurs when someone is arrested without process(like a warrant). Only after release from the false imprisonment is a false imprisonment claim “accrued”. But what happens if, after your false imprisonment a Judge or Magistrate holds you? Supreme Court Justice Scalia explains in Wallace v Kato, 549 U.S. 384(2007), ““If there is a false arrest claim, damages for that claim cover the time of detention up until issuance of process or arraignment, but not more. From that point on, any damages recoverable must be based on a malicious prosecution claim and on the wrongful use of judicial process rather than detention itself… Thus, petitioner’s contention that his false imprisonment ended upon his release from custody, after the State dropped the charges against him, must be rejected. It ended much earlier, when legal process was initiated against him, and the statute would have begun to run from that date”.
*More on false arrest claims and statutory limitations here: U.S. Supreme Court in Wallace v. Kato, 549 U.S. 384, 388 (2007), which stated that a claim accrues “when the plaintiff has a complete and present cause of action.” The term often comes up in the context of statutes of limitations for tort claims.
Direct Link to Wallace v Kato Opinion
9. Another Example, Md Rule; §5–101 states, “A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.”
10. So, if the Maryland statute of limitations applies to you, the time tolls 3 years AFTER your claim accrues.
So, to be accurate in your assessment of a tort claim’s statute of limitations use this checklist;
A) Check your State statute of limitations
B) Weigh your State statute of limitations against the Federal Statute 28 USC §1628
C) Whichever time is shorter is your time bar
D) Check the language in the State Statute and weigh “accrues” or “originates” as to the starting event for day 1 of your statute of limitations. The majority of States will match the federal term, but check to be accurate.
E) Consider WHO you’re suing as well. If you’re suing the Federal Government over an event occurring on Federal Property, then the 4 year statute of limitations applies as does an “accrued” event triggering the statute of limitations.
F) Federal Agencies have certain requirements of Notification of Intent to Sue. The Federal Government statutorily requires a 6 month Notice BEFORE you can initiate any civil action in a Federal Court against any federal agency. Be aware, the 6 month Notice of Intent to Sue does NOT affect the start time of the statutory limitation. You’ll still use the “accrued” date to begin counting.
G) Despite any statutory limitations, you MUST send the letter of intent to whatever federal agency you intend to sue AND if they don’t send a certified letter denying your suit and 6 months have passed only then can you proceed with your civil action. If you fail to send the letter and wait until 6 months has passed or receive a denial response, your lawsuit can be dismissed.
This is the Federal “6 month” statute;
(a)An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third party complaint, cross-claim, or counterclaim.
11. Also, some Federal Agencies require a specific form be used for a Claim. The Veterans Administration, for example, requires a specific form to be used known as a “SF 95” Form. The USPS uses the same form. So look for that too or you may not have a valid claim against the federal government agency.
Direct Link to VA Letter of Intent Federal Statute
12. Finally, some states and even some smaller jurisdictions have certain requirements for letters of Intent to Sue. Federal laws don’t specifically require it of the States so if you’re filing your civil action in the Federal Court then you can bypass that step if you wish.