Legal Question in Constitutional Law in Massachusetts

Timeframe for filing a Sec. 1983

Are there any timeframes for filing a Federal, Title 42 Sec. 1983 suit that one needs to be aware of? Also, with this type of suit does a Presentment Letter need to be served if it is a governmental entity and if so what are the timeframes for that. Thanks in advance for any help or guidance with this!


Asked on 8/15/06, 9:32 am

1 Answer from Attorneys
Myong J. Joun Joun Law Offices

Re: Timeframe for filing a Sec. 1983

Yes, there are strict time limitations within which you must bring a claim under Sec. 1983. In Massachusetts, you must file suit within three years of the date of the incident.

To bring a negligence claim against a government entity, you must first send a presentment letter within two years of the date of the incident. If you do not follow these rules, then you will not be allowed to bring the claim.

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Answered on 8/15/06, 9:39 am


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