Wallace v. Kato (2007) – for false arrest cases, the statute of limitations begins to run on the date of the arrest – not at the end of the criminal trial

     This page is continued from Getting Started >>>> Time Limits for Filing Cases >>>> Statute of Limitations:

     This page is also continued from Intro >>>> Federal Courts >>>> Article III “Constitutional Courts” >>>> U.S. Supreme Court >>>> Supreme Court Rulings:

     This page is also continued from Criminal Proceedings >>>> i. The Arrest, Search & Seizure, and Booking >>>> i. The Arrest – Lawful or Unlawful? >>>> Types of Unlawful Arrests >>>> False Arrest:

**************************

     Excerpt from Represent Yourself in Court; How to Prepare & Try a Winning Case (7th ed.) by by Paul Bergman and Sara J. Berman (NOLO):

     “EXAMPLE: After Andre was convicted of murder, the conviction was set aside by an appellate court because Andrew’s arrest was illegal.  After the charges were dropped, Andre sued the arresting officers and the city for false arrest.  Andre argued that the statute of limitations did not begin to run until the murder charges were dropped.  However, because false arrest consists of “detention without legal process,” the statute of limitations on Andre’s lawsuit began to run much earlier, on the date that he was taken to court and charged with murder. (Wallace v. Kato, 549 U.S. 1362 (2007).)” [1]

Related Terms:

false arrest – unlawful restraint of one’s physical liberty under an asserted legal authority to enforce the processes of the law.

References:

[1]: pages 44-45 of Represent Yourself in Court; How to Prepare & Try a Winning Case (7th ed.) by Paul Bergman and Sara J. Berman.  NOLO.  ISBN-13: 978-1-4133-1269-0 (pbk.)  ISBN-10: 1-4133-1269-1 (pbk.)

Back to Time Limits for Filing Cases

Back to Getting Started

Like this website?

Donate to Wild Willpower PAC

or donate via PayPal:

  • please set some widgets to show from Appearance -> Widgets.

 

Notice: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
[email protected].
We look forward to hearing from you!