Ind. Code § 34-11-2-4
Civil Rights (Section 1983)
Claims involving constitutional violations.
Statute of Limitation in Indiana
The statute of limitations for filing a Section 1983 civil rights claim in Indiana is generally two years from the date of the alleged violation.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the injured party is under the age of 18; in this case, the statute of limitations is extended, allowing the minor to file a claim until they turn 20 years old. Additionally, the time limitation may be tolled if there is a delay in discovering the violation due to fraudulent concealment or if the injured party is mentally incapacitated. Contact an attorney.
Example Scenario
If an individual’s civil rights are violated on March 1, 2023, they must file a claim by March 1, 2025.
Understanding Statutes of Limitations in Indiana
The statute of limitations for civil rights (section 1983) in Indiana acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Indiana state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for civil rights (section 1983) after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In Indiana, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Indiana law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Indiana serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in Indiana Small Claims court?