Civil Rights Statute of Limitations: How Long Do You Have to Sue Under § 1983? (2026)
Learn about the civil rights statute of limitations for Section 1983 claims. Discover the deadlines for suing over police misconduct and constitutional violations.
By The LimitationCalc Team · July 2, 2026 · 7 min read
When a government official, police officer, or public employee violates your constitutional rights, you have the legal authority to sue them in federal court under 42 U.S.C. § 1983. However, this right does not last forever. The civil rights statute of limitations establishes a strict deadline for filing your lawsuit.
If you fail to file your Section 1983 claim before the deadline expires, the court will almost certainly dismiss your case, leaving you without legal recourse to seek justice or compensation for the violation of your rights.
Because Section 1983 is a federal law but does not explicitly contain its own statute of limitations, courts rely on state laws to set the deadline. This guide explains how civil rights deadlines are calculated, provides a state-by-state reference table, and outlines exceptions that might pause the clock. You can also estimate your deadline using our free statute of limitations calculator.
Overview of Civil Rights Claims Under 42 U.S.C. § 1983
Section 1983 is a powerful federal statute enacted after the Civil War to protect citizens from abuses of power by state and local government actors. A civil rights lawsuit under § 1983 allows you to sue individuals who acted “under color of state law” when they violated your rights.
Common examples of Section 1983 claims include:
- Excessive force or police brutality.
- False arrest or malicious prosecution.
- Unlawful search and seizure (Fourth Amendment violations).
- Cruel and unusual punishment in jails or prisons (Eighth Amendment violations).
- Violations of free speech or assembly (First Amendment violations).
While you can sue for these egregious violations, you must do so within a very specific timeframe.
How Civil Rights Statutes of Limitations Are Determined
Because Congress did not write a specific statute of limitations into the text of 42 U.S.C. § 1983, the U.S. Supreme Court ruled that federal courts must borrow the statute of limitations from the state where the violation occurred.
Specifically, the Supreme Court determined that Section 1983 claims are most analogous to personal injury lawsuits. Therefore, the statute of limitations for a § 1983 civil rights claim is the same as the general personal injury statute of limitations in that state.
The clock typically begins running on the date the violation occurred, or the date you knew (or should have known) that your rights were violated and who caused the harm.
State Personal Injury Deadlines as the Benchmark
Because civil rights claims borrow state personal injury deadlines, the time limit to file a Section 1983 lawsuit varies drastically depending on where the incident took place. In a state like Texas, you have two years to file, whereas in New York, you have three years.
Below is a comprehensive list of the general personal injury statutes of limitations, which serve as the baseline deadline for § 1983 claims in each state. Always consult a licensed civil rights attorney to verify the exact deadline that applies to your case.
| State | Deadline | Statute |
|---|---|---|
| Alabama | 2 yrs | Ala. Code § 6-2-38 |
| Alaska | 2 yrs | Alaska Stat. § 09.10.070 |
| Arizona | 2 yrs | Ariz. Rev. Stat. § 12-542 |
| Arkansas | 3 yrs | Ark. Code § 16-56-105 |
| California | 2 yrs | Cal. Civ. Proc. Code § 335.1 |
| Colorado | 2 yrs | Colo. Rev. Stat. § 13-80-102 |
| Connecticut | 2 yrs | Conn. Gen. Stat. § 52-584 |
| Delaware | 2 yrs | Del. Code tit. 10 § 8119 |
| District of Columbia | 3 yrs | D.C. Code § 12-301 |
| Florida | 2 yrs | Fla. Stat. § 95.11(4)(a) |
| Georgia | 2 yrs | Ga. Code § 9-3-33 |
| Hawaii | 2 yrs | Haw. Rev. Stat. § 657-7 |
| Idaho | 2 yrs | Idaho Code § 5-219 |
| Illinois | 2 yrs | 735 ILCS 5/13-202 |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4 |
| Iowa | 2 yrs | Iowa Code § 614.1(2) |
| Kansas | 2 yrs | Kan. Stat. § 60-513 |
| Kentucky | 1 yr | Ky. Rev. Stat. § 413.140 |
| Louisiana | 1 yr | La. Civ. Code art. 3492 (now art. 3493.1, 2-yr eff. 2024) |
| Maine | 6 yrs | Me. Rev. Stat. tit. 14 § 752 |
| Maryland | 3 yrs | Md. Cts. & Jud. Proc. § 5-101 |
| Massachusetts | 3 yrs | Mass. Gen. Laws ch. 260 § 2A |
| Michigan | 3 yrs | Mich. Comp. Laws § 600.5805 |
| Minnesota | 2 yrs | Minn. Stat. § 541.07 |
| Mississippi | 3 yrs | Miss. Code § 15-1-49 |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120 |
| Montana | 3 yrs | Mont. Code § 27-2-204 |
| Nebraska | 4 yrs | Neb. Rev. Stat. § 25-207 |
| Nevada | 2 yrs | Nev. Rev. Stat. § 11.190 |
| New Hampshire | 3 yrs | N.H. Rev. Stat. § 508:4 |
| New Jersey | 2 yrs | N.J. Stat. § 2A:14-2 |
| New Mexico | 3 yrs | N.M. Stat. § 37-1-8 |
| New York | 3 yrs | N.Y. C.P.L.R. § 214 |
| North Carolina | 3 yrs | N.C. Gen. Stat. § 1-52 |
| North Dakota | 6 yrs | N.D. Cent. Code § 28-01-16 |
| Ohio | 2 yrs | Ohio Rev. Code § 2305.10 |
| Oklahoma | 2 yrs | Okla. Stat. tit. 12 § 95 |
| Oregon | 2 yrs | Or. Rev. Stat. § 12.110 |
| Pennsylvania | 2 yrs | 42 Pa. Cons. Stat. § 5524 |
| Rhode Island | 3 yrs | R.I. Gen. Laws § 9-1-14 |
| South Carolina | 3 yrs | S.C. Code § 15-3-530 |
| South Dakota | 3 yrs | S.D. Codified Laws § 15-2-14 |
| Tennessee | 1 yr | Tenn. Code § 28-3-104 |
| Texas | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Utah | 4 yrs | Utah Code § 78B-2-307 |
| Vermont | 3 yrs | Vt. Stat. tit. 12 § 512 |
| Virginia | 2 yrs | Va. Code § 8.01-243 |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080 |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12 |
| Wisconsin | 3 yrs | Wis. Stat. § 893.54 |
| Wyoming | 4 yrs | Wyo. Stat. § 1-3-105 |
Tolling Rules for Civil Rights Claims
Just as federal courts borrow the state’s statute of limitations, they also generally borrow the state’s “tolling” rules. Tolling refers to legal exceptions that pause the countdown clock. Common tolling situations include:
- Minors: If the victim was a minor when their civil rights were violated, the clock is usually paused until they reach 18 years of age.
- Mental Incapacity: If the victim was mentally incapacitated during the incident, the timeline may be paused until they recover competency.
- Incarceration: In a few specific jurisdictions, the statute of limitations is tolled while the plaintiff is actively serving time in prison, though many states have eliminated this exception.
- Fraudulent Concealment: If police officers or government officials intentionally hide evidence of their misconduct, preventing you from discovering the violation, the clock may be tolled until the truth is uncovered.
Notice of Claim Requirements for Suing the Government
While a § 1983 claim is a federal lawsuit, many civil rights plaintiffs also file simultaneous claims under state law (e.g., state-level torts for battery or false imprisonment).
If you are pursuing state-law claims against a local or state government, you will almost certainly run into a Notice of Claim requirement. This rule mandates that you must file a formal administrative notice to the government entity within a very short timeframe—often just 90 to 180 days after the incident. If you miss this brief window, you lose the right to sue them under state law, even if you still have time left to file your federal § 1983 lawsuit.
Using a Statute of Limitations Calculator for Civil Rights Cases
Tracking deadlines across different state laws and federal claims can be confusing. You can use our free statute of limitations calculator to estimate your deadline. By selecting your state and choosing “Personal Injury” (which governs § 1983 claims), you will immediately see the estimated date by which you must file your lawsuit.
Frequently Asked Questions
How long do I have to sue for police brutality?
Because police brutality falls under 42 U.S.C. § 1983, your deadline is the same as the personal injury statute of limitations in the state where the incident occurred. In most states, this is either two or three years.
Do I have to file a Notice of Claim before filing a Section 1983 lawsuit?
Generally, no. The U.S. Supreme Court has ruled that state Notice of Claim statutes do not apply to federal § 1983 lawsuits. However, if you are also bringing related state-law claims (like common law assault), you absolutely must file a Notice of Claim, which often has a deadline of less than six months.
Does a criminal investigation stop the civil statute of limitations?
No. An ongoing internal affairs investigation, a Department of Justice probe, or a criminal trial involving the officers does not automatically pause the civil statute of limitations clock. You must still file your civil lawsuit before the deadline expires.
Can the statute of limitations be extended if I didn’t realize my rights were violated?
In some limited cases, the “discovery rule” applies, meaning the clock starts when you knew or should have known of the injury. However, for most civil rights violations like false arrest or excessive force, courts assume you were immediately aware of the harm on the day it happened.
If you believe your civil rights have been violated, time is of the essence. Use our statute of limitations calculator to check your deadline, and consult an experienced civil rights attorney immediately.