Section (1983)

Section 1983 does not provide a specific STATUTE OF LIMITATIONS, which is a time limit in which a claim must be brought after the alleged violation occurred. But 42 U.S.C.A. § 1988 (1976) states that where the federal law does not provide a statute of limitations, state law shall apply. In determining which state statute of limitations to apply in a section 1983 case, the Supreme Court has held that in the interests of national uniformity and predictability, all section 1983 claims shall be treated as tort claims for the recovery of personal injuries (Wilson v. Garcia, 471 U.S. 261, 105 S. Ct. 1938, 85 L. Ed. 2d 254 [1985]). If the state has various statutes of limitations for different intentional torts, the Supreme Court mandates that the state's general or residual personal injury statute of limitations should apply (Owens v. Okure, 488 U.S. 235, 109 S. Ct. 573, 102 L. Ed. 2d 594 [1989]).

The Supreme Court has also held that state tolling statutes, which provide a plaintiff with an additional period of time in which to bring a lawsuit equal to the period of time in which the plaintiff was legally disabled, apply to section 1983 cases (Board of Regents v. Tomanio, 446 U.S. 478, 100 S. Ct. 1790, 64 L. Ed. 2d 440 [1980]).

Under section 1983, the statute of limitations does not begin to run until the CAUSE OF ACTION accrues. The cause of action accrues when "the plaintiff knows or has reason to know of the injury which is the basis of the action" (Cox v. Stanton, 529 F.2d 47 [4th Cir. 1975]). However, in EMPLOYMENT LAW cases, the Supreme Court has held that the cause of action accrues when the discriminatory act occurs (Delaware State College v. Ricks, 449 U.S. 250, 101 S. Ct. 498, 66 L. Ed. 2d 431 [1980]). Thus, if an employee is being terminated for reasons that violate section 1983, the statute of limitations begins on the day that the employee learns of the termination, not when the termination actually begins (Chardon v. Fernandez, 454 U.S. 6, 102 S. Ct. 28, 70 L. Ed. 2d 6 [1981]).

The legal rules of RES JUDICATA (claim preclusion) and COLLATERAL ESTOPPEL (issue preclusion) apply to section 1983 claims. This means that federal courts must give state court judgments the same preclusive effect that the law of the state in which the judgment was rendered would give. Plaintiffs need to be careful to raise all potential federal claims in cases brought in state court because they will not be allowed to bring those claims later in federal court after the state court has rendered a decision on the issues before it.

A plaintiff may waive his or her right to sue under section 1983, but such a waiver may be deemed unenforceable if "the interest in its enforcement is outweighed in the circumstances by a public policy harmed by enforcement of the agreement" Town of Newton v. Rumery, 480 U.S. 386, 107 S. Ct. 1187, 94 L. Ed. 2d 405 [1987].