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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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Under Title 42 U.S.C. sections 1983, et seq, 1985, 1986, 1988,

Resolved Question:

Under Title 42 U.S.C. sections 1983, et seq, 1985, 1986, 1988, and 28 U.S.C. section 1367 From what I am reading about this statue, the statue of limitations is one year. Do you agree?
Further, if you are suing for selective prosecution under this statue would the year begin at the beginning of their conspiracy or upon the arrest resulting from their plan or at the termination of their prosecution?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

Samuel-II :


Samuel-II :

Yes, it is one year under 42, 1986. A Cause of Action the facts that give a person a right to judicial relief, usually "accrues" on the date that the injury to the plaintiff is sustained. When the injury is not readily discoverable, the cause of action "accrues" when the plaintiff in fact discovers the injury. So it could be when the prosecution began with the charges being filed. Not an arrest.

Samuel-II :

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