I was arrested the police beat me and my mom sexually assualted her both arrests too on 1-4-2011, but i was granted a supression of evidece by the crimanal judge on the grounds of no probable cause to stop and no probale cause to arrest on 11-19-2012. The motion of dissmissal was granted on 11-19-2012 see heck vs humphrey. Question my lawsuit filed on 9-5-2014 does heck vs. Humphrey allow all my claim in under the two year statue of limitations rule. Does it start running the time limits from the date of the crimnal case being dissmissed on 11-19-2012 according to heck vs. Humphrey? Or due need to seriously argue tolling asap. Federal question on all my claims assault , sex assualt, false arrest , and malitious prosecution. Whats the time limits by federal law 1983 claims
In New York the statute of limitations for a 1983 claim is 3 years from the accrual date.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
3 years from the date the claim accrued. Accrual means the day on which an event that caused an alleged liability is deemed to have occurred. In this case, I would say 3 years from 1/4/2011. Liability for the improper arrest arose on 1/4/2011, the date of the arrest. That would mean you are out of luck.
You may want to research the Poventud case, though, I do not know the circumstances surrounding the claim filed on 9/5/14, and I would strongly recommend that you speak to your lawyer for that complaint, or, if you do not have a lawyer, you get one, because you are in over your head.
This does not constitute legal advice or the engagement of my services as an attorney.
For a federal 1983 claim, the statute of limitations is 3 years from the accrual date. You should retain an attorney to do this since there are a lot of nuances in federal 1983 actions, especially with all of the possible claims you can make. You state several different causes of action, each with their own accrual date. For a false arrest, it begins to run on the date of the arrest; for excessive force, it begins to run on the date of the force (which may include sexual assault); and for malicious prosecution, it begins to run on the date that the prosecution was favorably terminated.
So if you were arrested on 1/4/11, and your lawsuit was filed on 9/5/14, that means that you do not have a viable claim for false arrest or excessive force, because the federal three year statute of limitations has already run.
For malicious prosecution, the accrual date would have been 11/19/12, so your filing on 9/5/14 would have been timely, but you may still be unsuccessful because you may not meet the elements of malicious prosecution which are: "(1) that the defendant commenced or continued a criminal proceeding against him; (2) that the proceeding was terminated in the plaintiff's favor; (3) that there was no probable cause for the proceeding; and (4) that the proceeding was instituted with malice." Droz v. McCadden, 580 F.3d 106, 109 (2d Cir. 2009).
This is why I say you should get an attorney to review your case, although I don't think most civil rights attorneys would take it based upon the information that you provided.
I am a criminal defense and DWI/DUI attorney practicing in Westchester and the NYC Metro area. My answers are intended for general informational purposes only, based upon the limited information provided in the questions, and do not constitute legal advice or establish any attorney-client relationship. All readers of my answers are advised to contact an attorney in order to discuss their questions in full and get full answers. Thank you.
3 years, but have a civil rights lawyer investigate all possible claims. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
If your claim is one of false arrest based on a January, 2011 arrest date, and you filed your lawsuit more than 3 years after that date, then it's most likely too late. That said, it pays to have a consultation with a NYC Civil Rights lawyer for a full assessment.
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