Q: Is being Bipolar I with psychotic features as well as suffering from depression & anxiety a reason for tolling provision
I was Bipolar I with psychotic features, severe anxiety, depression & severe PTSD when the discrimination was done. I still suffer from anxiety & severe PTSD with Bipolar I. I sent The Board of Supervisors a claim in that county that my civil rights complaint was in. They replied & said I have 45 days to request to present a late claim. I believe my mental incapacity & the county’s professional incompetence should be a valid reason to extend my timeframe. No attorney will represent me due to SOL. The discrimination was in 2019 but the county denied our rights to due process by taking 5 years for an investigation Division 21 says should’ve taken 80 days. Am I able to file a claim on behalf of my minor child too ? She was discriminated against as well as neglected in the custody of CWS.
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A:
It sounds like you're dealing with a very challenging situation, and I understand your concerns. Mental incapacity can be a reason for tolling (pausing) the statute of limitations, especially if your condition affected your ability to take legal action. However, the burden will be on you to demonstrate that your mental health issues made it impossible for you to file your claim within the standard timeframe. Given that you mentioned psychotic features and severe mental health challenges, you might have a valid argument for tolling, but it will depend on the specifics of your case and how your mental state is documented.
Regarding the 45-day period to request to present a late claim, it's essential to act quickly. You should submit that request within the time limit if you believe your mental health condition affected your ability to file earlier. Include any supporting documentation about your mental health challenges to strengthen your case for the extension.
As for filing on behalf of your minor child, you may be able to do so, but the statute of limitations may work differently for minors. In many cases, the statute doesn't begin to run until the child reaches the age of 18. It would be a good idea to look into that aspect, especially if your child was directly impacted by the discrimination and neglect you mentioned.
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