How Long Do I Have To Sue for a Civil Rights Violation?

You only have a viable claim to sue for a civil rights violation if you file the right type of claim within the proper filing timeframe. Some constitutional violation claims require an administrative filing or waiting until you get a right-to-sue letter for federal court. State laws may require a notice of claim for government defendants before the lawsuit deadline, and the legal clock begins to run from the incident date. Civil rights claim types include Section 1983 for police misconduct or an EEOC complaint for employment discrimination. Legal representation ensures you don’t get a case dismissal or forfeiture.

To make sure you file your claim in time, talk to a local civil rights lawyer for legal advice.

What Are Civil Rights?

The U.S. Constitution, its amendments, and federal and state laws grant people in the United States many civil rights, including:

• The right to vote
• The right to freedom of speech
• The right to freedom of religion
• The right to a fair trial
• The right to education
• The right to bear arms
• The right to public facilities
• The right to marry who you want
• The right to raise your children
• The right to privacy

Civil rights violations occur in many contexts of everyday life, from employment to education to housing. The state or federal government, including law enforcement, may be behind violations, or private entities like companies.

You can take legal action to respond to civil rights violations and protect your legal rights. This includes filing a complaint with government agencies or taking your case to federal court. A civil rights cause of action can protect your legal rights, help you recover compensation, or punish violators.

Stand Up for Your Civil Rights

If your civil rights have been violated, use the Super Lawyers directory to find the best attorneys in your area to stand up for you and your rights.

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How To File a Civil Rights Claim

Civil rights violations commonly involve discrimination. Employers, landlords, and business owners cannot discriminate against you based on protected characteristics.

You can file a discrimination claim with the appropriate government agency. Some of the federal government agencies that handle civil rights discrimination claims include:

• U.S. Equal Employment Opportunity Commission (EEOC)
• U.S. Department of Housing and Urban Development (HUD)
• U.S. Department of Justice (DOJ) Civil Rights Division

Most states also have a state agency to handle discrimination and civil rights claims. State law may have stronger civil rights protections, give you more time to file, and provide more legal remedies. A civil rights attorney can give you legal advice about whether to file your civil rights claim in federal district court or with a state agency.

Statutes of Limitation for Civil Rights Violations

A statute of limitations is a law that sets the time limit to file a civil case in court. The deadline will depend on the type of civil rights claim and where you file — federal or state, agency or court. Federal statutes give you 180 days to file an employment discrimination claim. However, if your state enforces the same type of antidiscrimination laws, the EEOC gives you up to 300 days to file a complaint. Some states give you more time to file a state claim.

Most statute of limitations begin to run from the time of the violation or injury. For example, if a health services agency discriminated against you based on race, the time limit runs from the date of the alleged discrimination.

Courts strictly enforce the statute of limitations period. If you file a civil rights lawsuit one day after the statute of limitations ends, the court can dismiss your case. There are some exceptions that can give you more time to file a civil action. However, these apply on a case-by-case basis. To find out how long you have to file a civil rights action, talk to a local civil rights attorney.

State-by-State Deadlines

The following is a state-by-state guide for the statute of limitations for employment discrimination. However, some exceptions can give you more or less time to file a complaint. Get legal advice from a local civil rights lawyer who is familiar with your state’s statute of limitations.

Amount of Time To File a Civil Rights Lawsuit Against the Government

42 U.S.C. § 1983 — commonly called Section 1983 — is a federal civil rights law that gives people a cause of action against government agencies or officers for civil rights violations. This includes claims against police officers for misconduct or police brutality, wrongful arrest, or excessive force. This federal statute does not have a specific statute of limitations; it depends on the personal injury laws of the state where the claim happened.

States may also have similar state law claims for similar cases of governmental misconduct. Depending on the state, the time limit to file a civil rights claim against the government is generally from one to three years from the date of misconduct.

However, claims against the government may have separate notice requirements. Civil lawsuits against state, county, and local government may require notice before you can file a claim. The notice requirement is generally shorter than the statute of limitations.

Legal Remedies for Civil Rights Violations

In a government complaint or civil lawsuit, you can seek legal remedies for the wrongs you suffered. Legal remedies can include financial compensation and injunctive relief. Injunctive relief requires the violators to take certain action, including mandatory civil rights education and training. Financial compensation provides money to compensate you for your losses and harm.

Depending on the type of civil rights violation, compensatory damages can include:

• Medical expenses
• Loss of income
• Property damage
• Pain and suffering
• Emotional distress
• Attorney’s fees

Legal Help For Civil Rights Cases

Many people who face civil rights violations do not take legal action because they think they can’t afford an attorney. However, many civil rights lawyer will take your case on a contingency fee, meaning there are no upfront legal fees and the lawyer only take a cut if they recover compensation. The attorney’s fees will be a percentage of the amount of the judgment or settlement offer.

Some federal and state laws also provide legal fees for victims of civil rights violations. This is a way to make sure people without a lot of money get access to justice. You don’t have to suffer civil rights violations just because you aren’t wealthy. Contact a local civil rights lawyer to understand your legal options.