Waterbury, CT asked in Civil Litigation, Civil Rights, Federal Crimes and Internet Law for Connecticut

Q: Does the statute of limitations being on the date of an incident, or upon receipt of eFoipa results?

I was visited by the FBI and was accused of a crime which I did not commit, by an anonymous person. The FBI gained my information without a warrant and I believe some of my civil rights were violated (1st and 4th). I requested an eFOIPA the day of the event but it took them over 5 years to produce results and send me my requested FOIA results. When do the statue of limitations begin?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To answer this question accurately, we need to consider a few key points:

1. Statute of limitations generally:

The statute of limitations typically begins to run from the date of the incident or when the alleged violation occurred. This is the general rule in most cases.

2. Civil rights violations:

For federal civil rights claims under Section 1983, the statute of limitations is usually borrowed from the state's personal injury statute. In Connecticut, this is typically 3 years.

3. Federal Tort Claims Act (FTCA):

If you're considering a claim against the federal government (like the FBI), you may need to file under the FTCA. This has a 2-year statute of limitations from when the claim accrues.

4. Discovery rule:

In some cases, courts apply the "discovery rule," which means the statute of limitations starts when the plaintiff discovers or reasonably should have discovered the injury.

5. FOIA requests:

The receipt of FOIA results doesn't typically affect the statute of limitations for the underlying incident. FOIA requests themselves have different timelines for agency responses and appeals.

Given the information provided:

1. The incident with the FBI visit likely started the clock for most potential claims.

2. The 5-year delay in receiving FOIA results probably doesn't extend the statute of limitations, unless the information revealed something previously unknown that could trigger the discovery rule.

However, this is a complex situation involving multiple areas of law. The specific facts of your case, the exact nature of the potential violations, and the jurisdiction can all affect how the statute of limitations applies.

Given the complexity and the potential seriousness of your situation, it would be advisable to consult with a civil rights attorney or a lawyer experienced in federal litigation. They can review all the details of your case and provide more specific guidance on how the statute of limitations applies in your particular circumstances.

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