What is the statute of limitations for a prisoner serving a term less than life under section 1983 of the Federal Criminal Code?
MultiRegion, United States of America
The following excerpt is from Cato v. Darst, No. 2:17-cv-1873-TLN-EFB P (E.D. Cal. 2019):
Proc. Code 335.1. The two-year statute of limitations is tolled for two years, however, if the claimant is a prisoner serving a term less than life. See Cal. Civ. Proc. Code 352.1(a); Azer v. Connell, 306 F.3d 930, 936 (9th Cir. 2002) (federal courts borrow the state's equitable tolling rules to the extent those rules are not inconsistent with federal law). Thus, a prisoner serving a term less than life in California effectively has four years to file a federal section 1983 claim.
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