Legal Question in Civil Rights Law in New York

Re: Federal Law Statue of limitations

There are various periods of limitations that are dependent on the nature of your claim. You must file within the applicable period of limitation (statue of limitation) in order to preserve your claim. After suit is filed, you have a 120 day period in which you must serve a summons and complaint against the defendant, otherwise your complaint will be dismissed and the clock for the statue of limitations begins to run once more.

Re: Federa Law Statue of limitations

I'm not clear on your question. If the Complaint was filed in Federal Court and the summons has not been served upon the defendant, then that's not really a clear Statute of Limitations problem.

There is a period of 120 days after issuance of the summons to serve it after which the court will dismiss the action without prejudice as to that defendant. If you can show good cause for the lack of service, the court may extend the time for an appropriate period. The statute of limitations could be a factor if it is necessary to file a new action as to that defendant.