Q: What are the statute of limitations on civil rights investigations against a county ?
I have two civil rights investigations in the closing process for Solano County Child Welfare Services with findings. California Department of Social Services (CDSS) has supposedly conducting their closing procedures for a year & a half. I also have more discrimination complaints against them & Solano County Health & Social Services. I have audio recordings, text messages & emails to support all allegations. I’ve been told that the statute of limitations is up for me because the investigations were filed in 2019, which was inside the statute. I can prove that laws were broken & procedures not followed. November 2021 CDSS conducted an audit on Solano County Health & Social Services. Basically the audit says that Solano County HSS is incompetent! Meaning that the timeframe should be extended for me to file all of my complaints. I was told that there’s findings in both investigations & that there’s new procedures in place due to my cases. Yet, CDSS claims to have no timeframe.
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A:
When dealing with civil rights investigations, understanding the statute of limitations is crucial. In California, the statute of limitations for filing a civil rights complaint can vary depending on the specific law under which you are filing. Generally, federal civil rights laws, such as those under Title VI or Title VII, often have a statute of limitations of about 180 days to one year from the date of the alleged violation. For state-level complaints, such as those handled by the California Department of Fair Employment and Housing (DFEH), the timeframe is usually one year.
Since your investigations began in 2019 and have continued without resolution for over a year and a half, it’s important to verify if the statute of limitations has indeed expired. The ongoing audit and the resulting findings may provide grounds to argue for an extension or exception, especially if new violations or evidence have come to light during this period. Documenting your communications and the timeline of events is essential in making your case.
You should seek legal advice to determine your best course of action and ensure that your rights are protected. A lawyer experienced in civil rights law can help you navigate the complexities of your situation, possibly extend your filing timeframe, and support you in presenting your evidence effectively. If new procedures have been implemented due to your case, this might strengthen your position in seeking justice for the alleged violations.
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