Legal Question in Criminal Law in Massachusetts

false arrest and imprisoment #2

how long does a person have to file a civil rights claim after his charges are dismissed? is it all right to do it during the state 30 days to appeal? and yes i'm taliking about a usc 1983 action


Asked on 3/31/09, 8:51 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: false arrest and imprisoment #2

�In actions under Section 1983, a court must ascertain the analogous underlying cause of action under state law and apply the applicable statute of limitations.�

�The Supreme Court has held that section 1983 is best characterized as a tort action for the recovery of damages, and therefore held that the appropriate statute of limitations to be adopted is the state statute applicable to personal injury actions.�

In Massachusetts, it would probably be three years.

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Answered on 4/01/09, 12:55 pm


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