Legal Question in Business Law in California
What is the statute of limitations for bringing a federal 1983 action in federal court? I have been advised that my case may fall under a federal 1983 action under the US constitution for constitutional violations. What is the statute of limitations for bringing such an action against the city/county government in federal court for monetary damages?
1 Answer from Attorneys
The statute of limitations in federal court is the same as the statute of limitations in state court for the same type of lawsuit. Section 1983 actions are considered similar to personal injury and wrongful death actions, so usually the statute is two years. Most plaintiffs' attorneys who handle Section 1983 actions also prefer to present claims to the public entity under state law which must be done within six months of the date of loss. Do not wait for the statute of limitations. Retain an attorney immediately.
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