A. In General
All cases have a certain time limit in which they must
be brought to court. These limits are set forth in applicable
Statutes of Limitation. Most state Statutes of Limitation for
intentional torts such as false arrest and malicious
prosecution are considerably shorter than for other causes
of action. The Statutes of Limitation in most states will
usually range from one year at the least to three years at the
most.
The Statute of Limitations established by state law will
apply even if the suit is brought in federal court because
federal courts look to the state law to determine the
applicable Statute of Limitations. (Wilson v. Garcia, 471
U.S. 261 (1985)) For instance, the Statute of Limitations
for bringing a federal civil rights action based on false
arrest would be governed by the Statute of Limitations for
false arrest in the particular state where the action is
brought. Therefore, whether one styles the complaint as a
common law tort action or as a federal civil rights action
should not affect the applicable Statute of Limitations.