What statutes of limitations exist for civil rights cases?
In Indiana, civil rights cases typically follow a two-year statute of limitations, meaning the plaintiff has two years from the day the violation occurred to file a lawsuit. The two-year statute of limitations applies to discrimination and/or harassment claims arising under the Indiana Civil Rights Act, or ICRA. Claims alleging disability discrimination are also covered by this two-year statute of limitations. In addition, there are some civil rights cases where the statute of limitations may be longer. For example, a claim alleging malicious prosecution or false arrest can be brought up to five years after the incident occurred. Similarly, claims for violations of the Freedom of Information Act (FOIA) can be brought up to five years after the violation occurred. In certain limited circumstances, the statute of limitations for civil rights cases may be suspended, such as when the plaintiff suffers from a mental disability. This may extend the amount of time a plaintiff has to file a lawsuit. In addition, there are certain exceptions and equitable principles that may be applied if the statute of limitations has already passed, which may offer the plaintiff another opportunity to bring a claim. Each state has its own laws and regulations regarding civil rights cases. It is important that any individual considering filing a civil rights lawsuit understand the statute of limitations in their particular state so that they can make an informed decision about their legal options.
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