Legal Question in Civil Litigation in California

(1) What is the statute of limitation to file a lawsuit with a federal court (not state court) against medical doctors who violated 42 U.S.C �� 1983, 1985 & 1988 by making false report on child abuse? I am not going to file for a medical malpractice but for fraud and false accusation.

(2) Does the statute of limitation change depending on whom are sued? If yes, is it 1 year or 2 year to sue at a federal court a commissioner who committed fraud? I think 1 year has passed in order to sue at a state court.

Thank you!!!


Asked on 2/21/13, 7:44 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You should discuss your case in detail with a lawyer. The report you describe is very likely privileged. If it is, your proposed lawsuit would fail. Even if the report is not privileged, you may have a hard time persuading a judge that it was the kind of civil rights violation targeted by the statutes you listed.

Please bear in mind that all I know about your case is what you have said in this question. That means I don't know any of the specifics. I might see things very differently if I did. That's why you need to speak with a lawyer so you can get advice based on what happened and not just on general legal principles.

So please don't interpret my answer as legal advice. The only advice I'm giving you is to meet with an attorney.

Good luck.

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Answered on 2/22/13, 10:16 am
Kelvin Green The Law Office of Kelvin Green

Unless the doctors were governmet employees, I am not sure how you woud file a 1983 action because they have to deprive a right while acting under color law... This sees at first blush to e a tort...

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Answered on 2/23/13, 12:36 am


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