Is a plaintiff barred by the statute of limitations in his government claim under section 1983 of the Civil Rights Act?

California, United States of America


The following excerpt is from Javor v. Taggart, 120 Cal.Rptr.2d 174, 98 Cal.App.4th 795 (Cal. App. 2002):

"[I]t is clear that the remedies and procedures in the [Government] Claims Act and the Civil Rights Act are separate and independent.... The court concludes that plaintiffs [state law] tort claim is not sufficient to toll the statute of limitations on his section 1983 action. Accordingly, as a matter of law, plaintiffs section 1983 claim is barred by the statute of limitations." (Stone v. City & County of San Francisco, supra, 735 F.Supp. at pp. 343-345.)

[98 Cal.App.4th 806]

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