TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 9 P9

Gale Encyclopedia of American Law Volume 9 P9 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 68 SECURE 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 . 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 . 235 109 S. Ct. 573 102 L. Ed. 2d 594 1989 . When a state does not specifically recognize a CAUSE OF ACTION brought under section 1983 courts look to analogous state laws to determine when the cause of action would accrue. In Wallace v. Kato 549 . 384 127 . 1091 166 973 2007 an arrestee brought an action under section 1983 alleging that city police detectives had unlawfully arrested him. Illinois did not recognize unlawful arrest as a tort so the Court looked to the state s statute of limitations for FALSE IMPRISONMENT. After concluding that the claim s limitations period would have expired under state law the Court ruled that the arrestee s claim had expired. 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 . 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 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 . 250 101 S. Ct. 498 66

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