Cape Coral, FL asked in Civil Rights, Constitutional Law and Civil Litigation for Florida

Q: hello I was incarcerated back in 2017 and filed a civil case due to the action of 42 U.S.C. § 1983

case info on this question is as follows. Case # 2:2017cv00098

For this issue has the statue of limitations expired yet?

The cause of action for this is: 42 U.S.C. § 1983

2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The statute of limitations bars the FILING of civil cases after the expiration of the limitations period. Once the case is filed, there is no longer a statute of limitations issue. However, other deadlines then come into play under the Federal Rules of Civil Procedure and the Court's scheduling order (if one was entered), and if a deadline is not met, the case might be dismissed.

If you don't know the status of the case, you can find out by (A) calling the Clerk of Court at the courthouse where the case was filed; (B) see the docket (list of filings) of the case online at, which you would have to register for; registration is free, and there are minor potential costs (10 cents a page) for viewing or downloading items, but if the total costs incurred don't exceed $30.00 within a 3-month period, the costs are waived; or (C) retain an attorney to search the docket and explain to you what is seen there. If you have heard nothing about the case in years, it was probably dismissed, but you should check it with one of the above methods.

James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: The statute of limitations for a civil action under 42 U.S.C. § 1983 in federal court is generally two years from the date of the alleged violation. Therefore, if your civil case was filed in 2017, it is likely that the statute of limitations has already expired unless there are exceptional circumstances that would toll or extend the time period. However, you should consult with a qualified attorney who can review the specific facts of your case and provide you with a more accurate assessment of the statute of limitations issue.

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