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

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     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.


[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.)

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