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Supreme court of ky ruled that my fourth amendment rights were violated and the police dept acted with malice towards me during the warrantless search of my home and violated my civil rights as the took me to jail. Arrest was on 01/26/2010. Decision of the supreme court of ky was given and pubished in May of 2013. When does the statute of limitations start to run for a suit against the police dept for their warrantless search? I ALSO MENTION HERE THAT I WAS ON PROBATION UNTIL JUNE 24TH, 2011 WHEN I WON MY APPEAL FROM THE STATE COURT OF APPEALS OF KY WHICH STATED MY FOURTH AMENDMENT RIGHTS WERE VIOLATED. This state court of appeals is the decision that the prosecutors for fayette county took to the state supreme court of ky. As I said, I won that decision as well in may of 2013. But I mention again that I was released from probation and didnt have to pay the monthly fees and was told I was free to come and go as I please. The state court of appeals reversed my conviction and I think it took a month for the city of lexington to release me from probation. I think the decision of state court of appeals should be the start of statute of limitations as it was not till that date that I knew I could sue for wrongful doings from the police dept.
Yes it is 2011-SC-000403-DG
I am sorry they put you through this and I'm sorry that I have to give you more bad news.
is a Kentucky Federal Court opinion which holds there is a 1 year statute of limitation on Fourth amendment civil right cases in Kentucky, and that the statute runs from the date of the illegal search despite later court proceedings. That opinion seems to accurately state the law on this, and it was not appealed.
I am sorry this is not the answer you have hoped for, but it would be a disservice to you, and unprofessional of me, not to provide accurate information.
If I made the law the statute of limitations would not begin to run until a court had said the search was illegal, but that is not what the law is on this issue. It is not a fair law that forces someone to sue for a civil rights violation before the criminal case has resulted in a finding of an illegal search, it's a bad rule that invites courts to make conflicting decisions, but I don't make the law, I just answer questions.
I hope this information is helpful.