What is the Statute of Limitations on Civil Rights Violations?
The statute of limitations is the time period within which a lawsuit must be filed or an action taken, otherwise, the claim becomes invalid. In the context of civil rights violations, it is essential to understand the statute of limitations to determine whether a victim can pursue legal action. In this article, we will delve into the world of civil rights violations and explore the statute of limitations applicable to these cases.
Federal Statute of Limitations
The federal statute of limitations for civil rights violations is governed by the Tolling Act of 1964, which states that a plaintiff has three years from the date of the alleged violation to file a lawsuit under Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 1983).
State Statute of Limitations
However, the statute of limitations varies from state to state, and some states have specific laws that apply to civil rights violations. For instance:
- In California, the statute of limitations is three years from the date of the alleged violation for claims filed under the California Civil Rights Act (CCRA).
- In New York, the statute of limitations is three years from the date of the alleged violation for claims filed under the New York City Human Rights Law (NYCHRL).
- In Texas, the statute of limitations is two years from the date of the alleged violation for claims filed under the Texas Civil Rights Act (TCA).
Tolling the Statute of Limitations
The statute of limitations may be tolled, or suspended, in certain circumstances, allowing the plaintiff to file a lawsuit outside of the applicable time period. Some common scenarios where the statute of limitations may be tolled include:
• infancy or incompetence: If the plaintiff was a minor or incompetent at the time of the alleged violation, the statute of limitations may be tolled until they reach the age of majority or become competent.
• delay caused by defendant: If the defendant actively concealed their identity or engaged in misleading conduct, the statute of limitations may be tolled until the plaintiff discovers or should have discovered the true identity of the defendant.
• active concealment: If the plaintiff had no knowledge of the alleged violation due to the defendant’s active concealment, the statute of limitations may be tolled until the plaintiff discovers the truth.
Table: Statute of Limitations for Civil Rights Violations by State
| State | Statute of Limitations | Applicable Laws |
|---|---|---|
| California | 3 years | California Civil Rights Act (CCRA) |
| New York | 3 years | New York City Human Rights Law (NYCHRL) |
| Texas | 2 years | Texas Civil Rights Act (TCA) |
| Illinois | 2 years | Illinois Civil Rights Act (ICRA) |
| Florida | 4 years | Florida Civil Rights Act (FCRA) |
Importance of Knowing the Statute of Limitations
Understanding the statute of limitations is crucial for victims of civil rights violations, as it determines the time period within which they can seek legal action. If the statute of limitations expires, the claim becomes invalid, and the victim may lose their right to pursue compensation or justice. It is essential for individuals to research the applicable statute of limitations in their state and federal laws to determine whether they have a viable claim.
Conclusion
In conclusion, the statute of limitations on civil rights violations varies from state to state, with federal law providing a general framework. Understanding the applicable statute of limitations is vital for victims of civil rights violations, as it determines the time period within which they can seek legal action. By researching the laws in their state and federal laws, individuals can determine whether they have a viable claim and seek justice and compensation for the harm suffered.
