Legal Question in Criminal Law in California

Filing a tort

My husband was wrongfully jailed a year ago and we were tole we should file a tort against the city. I have been looking it up and it looks like there is a 6 month time period in which i was to file. Can i still file? I am really needing help with this. Also we were living in Oregon at the time of incarceration but the claim was in California. Thankyou in advance.


Asked on 4/09/09, 1:24 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Filing a tort

You used poor judgment in waiting a year to do anything about your situation. However, I respectfully disagree with attorney Dinday's opinion that you are out of luck. Depending on why your husband was "wrongfully jailed," the correct statute of limitations varies. A claim against a public entity under state law has to be presented within 6 months, and one can apply to the court for leave to present a late claim if one year has not passed. This would encompass many types of claims. However, if your husband has a case for violation of his civil rights, he may have up to two years to sue in federal court, and no claim is required. You need to speak to an attorney who is experienced in police misconduct litigation. If you like, please feel free to provide more details such as why you believe he was wrongfully jailed.

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Answered on 4/09/09, 2:36 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: Filing a tort

No, I'm sorry. The six month claims period is very strict. Unless he was still in jail and unable to communicate with a lawyer for the whole six months, your claim is expired.

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Answered on 4/09/09, 1:55 pm


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