In what circumstances will the statute of limitations in civil rights cases apply to causes of action for deprivations of civil rights?

California, United States of America


The following excerpt is from Liberty Transport, Inc. v. Harry W. Gorst Co., 229 Cal.App.3d 417, 280 Cal.Rptr. 159 (Cal. App. 1991):

In Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 152 Cal.Rptr. 65, the court held the three year statute of limitations of Code of Civil Procedure 338, subdivision (a) applicable to causes of action for deprivations of civil rights under the federal statute. (42 U.S.C., 1983.) There the court explained: "This section applies only where the liability is embodied in a statutory provision and was of a type which did not exist at common law." (Id. at p. 717, 152 Cal.Rptr. 65; italics in original.)

Other Questions


Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
When will the statute of limitations apply in a civil rights action? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
What is the difference between a personal and official capacity civil action and a civil action for deprivation of federal rights? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Does the statute of limitations apply to summons in civil cases? (California, United States of America)
Does the statute of limitations apply to a cause of action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.