Miami, FL asked in Civil Rights for Florida

Q: What is the statute of limitations in florida state for police misconduct

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2 Lawyer Answers
Charles M.  Baron
Charles M. Baron
Answered
  • Civil Rights Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The answer I give here is general educational information, not advice to rely on in determining how long you (or someone else) has to take legal action. For advice to reply on, you must schedule a consultation with an attorney. There are different deadlines for the various types of claims that might be made to seek court relief for being victimized by police misconduct. For some types of claims, before you can file suit, there's generally a deadline of 3 years from the date of the incident (false arrest, battery, etc.) to present a notice of claim under State law to the government entity employing the police officer. Then, if that particular claim is not settled within 6 months of receipt of the claim, there's generally a deadline for 4 years from the incident date to file suit. For malicious prosecution claims, the deadline to file suit against the officer is generally 4 years from the date that the criminal case ended in the defendant's (charged party's) favor. Defamation of character claims generally have a 2-year deadline to file suit. Negligence claims now also generally have a 2-year deadline to file suit.

T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: The statute of limitations for police misconduct in Florida state is generally two years. This means that you have two years from the date of the incident to file a lawsuit against the police officer or police department involved. However, there are some exceptions to the two-year statute of limitations. For example, if you are a minor or if you were mentally incapacitated at the time of the incident, the statute of limitations may be tolled, or paused. This means that you will have more time to file a lawsuit. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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