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  1. #1

    Default Statute of Limitations for a Civil Rights Lawsuit

    My question involves civil rights in the State of: California

    My son was beat up in jail by two gurads and he is mentally ill, but my claims agaisnt the city has expired the 6 months limitation. (San Diego County) Do I have any other recourse under the State or Federal Civil rights laws? It has been 16 months and he is still incarcerated. Are you ready for this?.........the DA has persuaded the public defender to prolong and not represent correctly and they will not change him. The Da filed charges agaisnt my son for being beat up by guards, for not stayiang still while being beaten! Ca I refile a claim agaisnt the city or is it toto late?

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Stature of Limitations California, Civil Rights

    IF you did not sue before and get dismissed, you can consider what is called a 1983 action. The SC has ruled the statute of limitations on such claims is that state's personal injury statute.

    I found this:

    335.1. Within two years: An action for assault, battery, or
    injury to, or for the death of, an individual caused by the wrongful
    act or neglect of another.



    http://www.leginfo.ca.gov/cgi-bin/di...file=335-349.4


    1983:

    http://www4.law.cornell.edu/uscode/h...3----000-.html

    Consult an attorney very soon for a case evaluation!

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