Is there a statute of limitations for police brutality,

The Eleventh Circuit Court of Appeals has held that a 42 U.S.C. § 1983 action filed by a person in Florida has a four-year statute of limitations. The Court’s holding reversed a Florida federal district court’s dismissal of a civil rights complaint that alleged assault by a guard upon the prisoner complainant. According to the complaint, guard Jeremy Lester destroyed thee legal mail and personal property of Pinellas County Jail prisoner Johnny E. Ellison in March 2004. While Ellison was handcuffed, Ellison was assaulted by Lester, charged the complaint. The complaint also charged other guards failed to intervene. Pursuant to 28 U.S.C. § 1915(e), the district court dismissed the complaint as untimely. It found the statute of limitations was governed by Florida Statutes § 95.11(5)(g), which provides a one-year statute of for “action[s] brought by or on behalf of a prisoner… relating to the conditions of the prisoner’s confinement.” The Eleventh Circuit, however, held that federal court’s apply their forum state’s statute of limitations for personal injury actions to actions brought under § 1983. Thus, the four-year limitations period in § 95.11(3) Applies to § 1983 claims arising in Florida. See: Ellison v. Lester, 275 Fed. Appx. 900 (11th Cir. 2008). Prison Legal News