Waterbury, CT asked in Civil Rights and Constitutional Law for Connecticut

Q: If my civil rights were violated, do the statute of limitations begin at the date of incidence or upon foia results?

My civil rights may have been violated, and I requested an eFOIPA the same day as I was visited by the FBI. I did not receive my FOIA request results for nearly 6 years, even though they were supposed to give results within 30 + 10 days...I was told it was a "medium complex" case and they were allowed so many days (per complexity) and after 4 more attempts to get answers I finally received the results after 5+ years. Do the statute of limitations begin upon visitation of the FBI or upon receipt of my eFOIPA results?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This is a complex legal question, and I'll provide some general information. However, for definitive advice on your specific situation, you should consult with a civil rights attorney licensed in Connecticut.

Generally speaking, the statute of limitations for civil rights violations typically begins to run from the date of the incident or when you knew or should have known about the violation. This is often referred to as the "discovery rule."

In your case, there are a few key points to consider:

1. The initial incident: The date of the FBI visit could be considered the starting point for the statute of limitations.

2. Discovery rule: If you didn't have enough information to know about the potential violation at the time of the FBI visit, the clock might not start until you had reason to know about the violation.

3. FOIA delays: While the delay in receiving your FOIA results is significant, it's not guaranteed that this would toll (pause) or extend the statute of limitations. Courts have sometimes been reluctant to extend statutes of limitations due to FOIA delays.

4. Continuing violation doctrine: If the alleged violation was ongoing or part of a pattern, it might affect when the statute of limitations begins.

5. Type of claim: Different types of civil rights claims may have different statutes of limitations and rules for when they begin.

Given the complexity of your situation and the significant time that has passed, it's crucial to consult with a civil rights attorney as soon as possible. They can review the specifics of your case, including the nature of the alleged violation, the content of the FOIA results, and any actions you've taken since the initial incident.

An attorney can also advise you on potential arguments for tolling the statute of limitations, if necessary, and help you understand your options moving forward.

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