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What is the statute of limitations in California for federal Section 1983 claims against local-government entities of officials?

In California, the statute of limitations for federal Section 1983 claims is generally two years from the date the constitutional injury occurred. Because federal law does not provide a specific deadline for these federal civil-rights violations, federal courts apply the state's personal-injury limit, which, under California Code of Civil Procedure Section 335.1, is two years. Although the deadline to file is generally two years, several factors determine how, in practice, that deadline functions:

Accrual Date: Under federal law, the two-year clock begins ticking when the plaintiff actually discovers—or reasonably should have discovered—the injury and its cause.

State-law exceptions:
California's statutory-tolling provisions on rare occasion may pause the two-year statute of limitations. For example, if the victim is a minor or imprisoned, the time to file might be extended.

Pre-suit requirements: Specific administrative or governmental-tort claims under California law that are filed alongside a Section 1983 claim might require much shorter initial notice windows (for example, under the California Government Claims Act, within six months of the incident).

So the sooner you speak with a law firm the better. Don't sit on your rights. It's too risky. It also takes any good law firm time to properly investigate, develop, and draft and edit the claims.

Section 1983 claims include claims the police use of excessive force, First Amendment including free-speech violations, and other violations of federal constitutional rights by local-government entities and employees.


Related Practice Areas
Constitutional LawFirst AmendmentPolice Misconduct & BrutalityFirst Amendment RetaliationCalifornia's Bane Act: Protecting Your Civil Rights from Threats and CoercionSection 1983 Litigation: Holding Government Officials Accountable for Constitutional ViolationsPolice Brutality in California: What Are Your Rights?Free Speech for California Public Employees: Where the Line Is DrawnSexual Harassment at Work in California: Your Rights

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