Under the Civil Rights Act Title 42 USC 1983, what is the statute of limitations for filing a claim?

• A. 3 years
• B. 2 years
• C. 5 years
• D. 1 year

Answer: (B)

For claims under 42 USC 1983, there isn’t a fixed federal deadline. The time to file is set by the state’s personal injury statute of limitations, because the Supreme Court has held that §1983 claims borrow the limitations period from the state’s law for personal injuries, with accrual rules aligned to when the plaintiff knows or should know about the injury and its cause. In practice, many states use a two-year limit for personal injury actions, so the default you’ll often see in exams and real cases is a two-year window to file a §1983 claim after accrual.

The key idea is that the clock starts when the injury and its cause become known, and the governing period can vary by state. Tolling can apply in certain situations (like a minor or other incapacity, or specific tolling doctrines), and some states use longer or shorter periods than two years. But when a standard, common scenario is tested—where the state’s analogous personal injury limit is two years—that’s why two years is identified as the typical answer.

So the correct idea to carry is: §1983 relies on the state’s personal injury statute of limitations, and in many jurisdictions that amounts to a two-year limit. Always check the specific state’s rule for precision, as it can differ.