QUESTION

can i sue over a year later after being arrested for askinf to have an appointment to speek with chief of police?

Asked on Jul 08th, 2011 on Civil Rights - Oregon
More details to this question:
i never get to speak to chief of policeover 20 years now. i got arrested when i was lesving after trying to pay for police reports
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1 ANSWER

Ethics & Professional Responsibility Attorney serving Salem, OR at Glantz Law Group, LLC
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The statute of limitations for this type of claim (false arrest) is two years from the date of occurrence (Oregon Revised Statutes 12.110(1). The Oregon Supreme Court recognizes "false arrest" as a synonym for "false imprisonment." (Hylton v. Phillips, 270 Or 766 1974). If addressing this in state court, a tort claim notice was required to be filed within 180 days of occurrence (ORS 30.275(1)(2)(b). It appears you would be past that date. However, a civil rights claim (42 USC section 1983) filed in federal court still has the two year statute of limitations but the tort claim notice requirement does not apply (Felder v. Casey, 487 US 131, 1988)..
Answered on Nov 10th, 2011 at 7:36 PM

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