Q: Statue of limitations for a civil rights violation 52.1 wrongful conviction and incarceration. Maliciously prosecuted
What triggers statue of limitations to file a civil rights lawsuit? when the actual testimony in bad faith occurred(malicious prosecution) or when case became final.fowlowing Reversed on appeal vacated dismissed after serving a three years in prison
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A: In California, under Code of Civil Procedure § 340.3, the statute of limitations for malicious prosecution claims is two years. The clock typically starts ticking on the statute of limitations for a malicious prosecution claim once the underlying criminal or civil proceeding has terminated in favor of the person claiming malicious prosecution. In the case of a wrongful conviction and incarceration, the limitations period would generally commence from the date the conviction was reversed on appeal, vacated, or dismissed. If you served three years in prison and then had the case reversed, vacated, or dismissed, you would usually have two years from that date to file a civil rights lawsuit based on malicious prosecution. It's essential to act promptly when considering such claims. Delays could jeopardize the ability to seek redress. Furthermore, ensure that the entirety of the claim, including any relevant facts and circumstances, is thoroughly assessed before proceeding.
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