Legal Question in Civil Rights Law in California

State or Federal Statue of Limitations

If I understand the CA law correctly, I have up to one year to file a civil liberties tort for emotional and physical injury. I have been told that I can file a civil liberties tort with the federal courts after the CA statue expires. Is this accurate, and if so, is there a statue of limitations for the federal court? I have an extremely strong case but the criminal charges are still pending and the prosecutors believe that if I file a tort with the state it may hinder criminal prosecution.


Asked on 1/27/02, 4:15 pm

1 Answer from Attorneys
Joseph Low IV Joseph Hawkins Low IV & Associates

Re: State or Federal Statue of Limitations

Be very careful here.

You have actually two actions. One is a state court action and the other is a federal court action.

The federal law says that your civil rights case can toll during the litigation of your criminal court case. However, it will not toll your state court claims.

Further, if you did not file a "notice of complaint" with the state agency at the 6 month mark you have lost your state court claims. This will just leave you the federal claims.

If you missed a statute in state court you still have claims in federal court.

This is a very complicated area of law with just a handful of attorneys who understand it and have experience with it. I strongly suggest you contact one.

Joseph Low

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Answered on 2/04/02, 7:26 pm


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