{"id":16968,"date":"2018-09-01T18:47:33","date_gmt":"2018-09-01T18:47:33","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=16968"},"modified":"2018-09-02T02:22:08","modified_gmt":"2018-09-02T02:22:08","slug":"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","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=16968","title":{"rendered":"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"},"content":{"rendered":"

\u00a0\u00a0\u00a0\u00a0 This page is continued from\u00a0Getting Started<\/a>\u00a0>>>>\u00a0Time Limits for Filing Cases<\/a>\u00a0>>>>\u00a0Statute of Limitations<\/a>:<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0This page is also continued\u00a0<\/strong>from Intro<\/a> >>>> Federal Courts<\/a> >>>> Article III “Constitutional Courts”<\/a> >>>> U.S. Supreme Court<\/a>\u00a0>>>> Supreme Court Rulings<\/a>:<\/strong><\/span><\/span><\/p>\n

\u00a0 \u00a0 \u00a0This page is also continued from Criminal Proceedings<\/a> >>>> i. The Arrest, Search & Seizure, and Booking<\/a> >>>> i. The Arrest – Lawful or Unlawful?<\/a> >>>> Types of Unlawful Arrests<\/a>\u00a0>>>> False Arrest<\/a>:<\/span><\/strong><\/p>\n

**************************<\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from Represent Yourself in Court; How to Prepare & Try a Winning Cas<\/em>e<\/a> (7th ed.) by by Paul Bergman and Sara J. Berman (NOLO):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0“EXAMPLE: After Andre was convicted of murder<\/a>, the conviction was set aside by an appellate court because Andrew’s arrest was illegal.\u00a0 After the charges were dropped, Andre sued the arresting officers and the city for false arrest<\/a>.\u00a0 Andre argued that the statute of limitations<\/a> did not begin to run until the murder charges were dropped.\u00a0 However, because false arrest<\/a> consists of “detention without legal process,” the statute of limitations<\/a> on Andre’s lawsuit began to run much earlier, on the date that he was taken to court and charged with murder<\/a>. (Wallace v. Kato<\/em>, 549 U.S. 1362 (2007).)<\/span>”\u00a0<\/span><\/strong>[1]<\/span><\/span><\/p>\n

Related Terms:<\/span><\/strong><\/p>\n

false arrest<\/span><\/a> – unlawful restraint of one’s physical liberty under an asserted legal authority to enforce the processes of the law.<\/strong><\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

[1]: pages 44-45 of\u00a0Represent Yourself in Court; How to Prepare & Try a Winning Cas<\/em>e<\/a> (7th ed.) by Paul Bergman and Sara J. Berman.\u00a0 NOLO.\u00a0 ISBN-13: 978-1-4133-1269-0 (pbk.)\u00a0 ISBN-10: 1-4133-1269-1 (pbk.)<\/span><\/span><\/strong><\/p>\n

Back to<\/span>\u00a0Time Limits for Filing Cases<\/a><\/span><\/strong><\/p>\n

Back to<\/span>\u00a0Getting Started<\/a><\/span><\/strong><\/p>\n

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