When will the statute of limitations apply in a civil rights action?
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):
"`Although state law determines the length of the limitations period, federal law determines when a civil rights claim accrues.' ... Under federal law, `a claim accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action.'" (Knox v. Davis (9th Cir.2001) 260 F.3d 1009, 1013.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
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)
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)
What is the statute of limitations for a civil rights action for wrongful discharge in violation of public policy? (California, United States of America)
What is the test for a demurrer to deny or deny a plaintiff's civil rights claim against a civil servant who allegedly participated in civil rights violations? (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 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)
Is there an actual injury that triggered the one year statute of limitations provided by section 340.6 of the Civil Code of Civil Procedure when he incurred attorney's fees in the underlying action? (California, United States of America)
What is the test for naming a defendant in a civil rights action brought under the Civil Rights Act? (California, United States of America)
