Q: Can I still file a civil lawsuit for police misconduct after statute of limitations passed if tolling changes the time?
I was involved in a police misconduct/abuse case involving a taser in 2017 during routine traffic stop. I was told I could not seek civil defense until after any criminal charges were dropped or dismissed. After dismissal of criminal charges I started to seek civil litigation 2019 in which I found a lawyer willing to take my case but then Covid happened. I was forced to have mental health evaluation due to the extent of the trauma that I faced and sent to a state mental hospital in Tupelo Ms. Upon returning to a sense of normalcy I wanted to file suit against said police officer. Statute of limitation has passed but in the wake of Covid pandemic causing quarantine and shutdowns and both insanity and equitable tolling I would like to know if my case could still be pursued?
A:
In certain circumstances, the statute of limitations for filing a civil lawsuit can be extended or "tolled" due to specific factors such as mental incapacity or the COVID-19 pandemic. However, the application of tolling rules varies by jurisdiction and the specific details of your case.
Here are a few points to consider:
1. Insanity tolling: In some states, if an individual is deemed mentally incompetent, the statute of limitations may be tolled until the person regains mental capacity.
2. COVID-19 tolling: Some states have implemented emergency orders that tolled statutes of limitations during the pandemic. However, the applicability and duration of these orders vary by state.
3. Equitable tolling: This is a doctrine that allows a court to extend the statute of limitations if the plaintiff faced extraordinary circumstances that prevented them from filing a claim on time, despite their diligent efforts.
Given the complexity of your situation, it is essential to consult with an experienced civil rights attorney familiar with the laws in your jurisdiction. They can assess the specific details of your case, determine whether any tolling provisions apply, and advise you on the best course of action.
Keep in mind that even if tolling does apply, you should act promptly to pursue your case, as any further delay could potentially weaken your claim or make it more challenging to gather evidence and witnesses.
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