Legal Question in Civil Rights Law in Massachusetts

What is the statute of limitations on a Civil Rights Law Suit against a municipality. Also, do the rules of presentment apply?


Asked on 8/16/10, 9:22 am

2 Answers from Attorneys

Warren Wood Law Offices of Warren Wood

In the Commonwealth of Massachusetts the statute of limitations on a civil rights law suit is dependant upon the:

1) Type of civil rights violation/injury claimed;

2) Who the victim is;

3) Who the violator is/was;

4) Whether you choose to sue in federal or state court;

5) Additional legal/strategic considerations.

If you feel that you have suffered an injury that requires legal redress or correction, you would be well advised to:

1) Act promptly;

2) Preserve all documentation, witnesses, and factual accounts; and

3) Speak with a competent attorney who handles these matters.

This Office often gives free initial consultations on civil rights, housing, work place discrimination, and sexual harrasment matters. Good Luck!

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Answered on 8/21/10, 9:37 am
Dmitry Lev The Lev Law Firm

Mass General Laws Chapter 258 governs lawsuits against municipalities for negligence. It would not cover intentional torts. Presentment applies to suits under MGL 258. You have 2 years to initiate presentment and 3 years to file the claim. Under the Federal Laws, it may be possible to institute a Monell Claim under Section 1983 against the municipality; Section 1983 does not provide a specific SOL, so other rules would apply. It may also be possible for you to name the individual officers, depending on what happened.

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Answered on 8/22/10, 6:13 pm


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