Legal Question in Civil Rights Law in California

what is the statue of limitation in a case where the plantiff suffers from a mental diasease as consequence of police misconduct

Asked on 5/10/10, 11:04 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It's not a specific statute of limitation so much as it is a claim against a public entity for allegations of police misconduct. As such, it is subject to California's Government Tort Claims Act. This means that you must first file a claim with the government, before you file a lawsuit.

A claim against a public entity for personal injury or death or damage to personal property must be presented to the governmental entity within 6 months of accrual of the cause of action. (Govít Code, ß 911.2.)

The time limit runs from the date that the claimantís right to sue occurs. This is the date that the statute of limitations would run if there were no claim filing requirement. (Govít Code, ß 901.)

The governmental entity has only 45 days within which to accept or reject the claim, unless it is extended by stipulation with the claimant. If the governmental entity fails to act within the 45-day period, the claim is deemed rejected by operation of law. (Govít Code, ß 912.4.)

If proper notice of rejection is given, suit must be commenced within six (6) months after delivery or mailing of the notice of rejection. (Govít Code, ß 945.6 subd. (a)(1).)

If improper notice, or no notice of the rejection was given, suit must be commenced within two (2) years from the date the cause of action accrued to file a lawsuit. (Govít Code, ß 945.6 subd. (a)(2).)

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Answered on 5/15/10, 2:48 pm

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