This article is intended to inform you and your loved ones about the time limits you must be aware of when thinking about pursuing a civil rights claim. The time limits discussed in this article are specific to Minnesota, so if you live in a different state, be aware that the rules discussed below may differ in your jurisdiction. The most important part of this article is its advice that you should always strive to contact a civil rights lawyer within 150 days of your injury in order to give the attorney time to evaluate your claim and provide notice to the relevant government actors before the expiration of the sometimes mandatory 180-day notice period.
This article assumes you are aware of the different types of civil rights claims available to you in Minnesota. This article is not exhaustive, and there may be other types of civil rights claims available with similar or alternative time limitations (including but not limited to employment-related claims under the Minnesota Human Rights Act); this article’s focus is on the most common types of civil rights claims. For a broader overview of what kinds of injuries may give rise to a civil rights claim, check out our blog post entitled Introduction to Civil Rights Law – Do You Have A Viable Claim?
First and foremost, it is essential to understand that every civil rights claim is different. You will get the best results if you talk to an experienced civil rights attorney as soon as possible after being injured. Most civil rights attorneys will not charge you for a consultation, so there is nothing to lose by quickly educating yourself on the nuances of your claim by talking to a lawyer. The speed with which you choose to speak to an attorney is important because many civil rights claims have exacting notice provisions that require you to inform specific government officials of your potential claim within a relatively short period of time of the imposition of your injury.
Without further ado, every potential civil rights plaintiff in Minnesota should be aware of the following timing rules:
Minn. Stat. § 466.05 – Tort Claims Against Cities / Municipalities
If you have been harmed (physical and property injuries both count) by an employee of any city or municipality or the agencies or departments thereof (e.g., the Minneapolis Police Department, the Coon Rapids Police Department, the Duluth Police Department, the St. Paul Public Housing Agency, a city’s Parks and Recreation Department, etc.), you may have a feasible tort claim against the city or municipality under Minn. Stat. § 466.02. However, in order to bring this claim successfully, you typically must comply with the notice provision of Minn. Stat. § 466.05, which requires you to present “to the governing body of the municipality within 180 days after the alleged loss or injury is discovered a notice stating the time, place and circumstances thereof, the names of the municipal employees known to be involved, and the amount of compensation or other relief demanded.”
Claims against the cities in Minnesota typically allow you to recover up to $1,500,000 in compensatory damages, depending on the severity of your physical injury or property loss.
Minn. Stat. § 3.736 – Tort Claims Against Minnesota or the University of Minnesota
If you have been harmed (physical and property injuries both count) by an employee of Minnesota or the agencies or departments thereof (e.g., the Minnesota State Patrol, the Minnesota National Guard, the Minnesota Department of Revenue, the Minnesota Department of Education, the Minnesota Department of Public Safety, the Minnesota Department of Corrections, the University of Minnesota, etc.), you may have a feasible tort claim against Minnesota under Minn. Stat. § 3.736. However, in order to bring this claim successfully, you typically must comply with the notice provision of Minn. Stat. § 3.736, subdivision 5, which requires you to present “to the attorney general or, in the case of a claim against the University of Minnesota, to the person designated by the regents of the university as the university attorney, and any state employee from whom the claimant will seek compensation, within 180 days after the alleged loss or injury is discovered, a notice stating its time, place and circumstances, the names of any state employees known to be involved, and the amount of compensation or other relief demanded.”
Claims against Minnesota or the University of Minnesota typically allow you to recover up to $1,500,000 in compensatory damages, depending on the severity of your physical injury or property loss.
Federal Torts Claims Act (“FTCA”) – Tort Claims Against the Federal Government
If you have been harmed (physical and property injuries both count) by an employee of the United States or the agencies or departments thereof (e.g., U.S. Immigration and Customs Enforcement (“ICE”), the U.S. Department of Homeland Security, the Internal Revenue Service, the U.S. Department of Labor, etc.), you may have a feasible tort claim against the United States under the FTCA, found at 28 U.S.C. § 2674. However, in order to bring this claim successfully, you must file your administrative claim within the FTCA’s 2-year statute of limitations. The FTCA’s statute of limitations period starts on the date the cause and existence of an injury were known or should have been known. Additionally, if your administrative claim was denied, you must file a lawsuit in federal court within six months of the written denial of the claim.
FTCA claims against the United States allow you to recover compensatory damages, but not punitive damages.
Civil Rights Claims Under 42 U.S.C. § 1983 (“Section 1983”) – Federal Claims Against Cities / Municipalities and State Actors
If you have been deprived of “any rights, privileges, or immunities secured by the Constitution and laws” of the United States, by any “person” acting “under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia,” you may have a feasible Section 1983 claim against the person or city / municipality under 42 U.S.C. § 1983.
You should be aware that States (e.g., Minnesota, Nebraska, etc.) are not considered “persons” for purposes of Section 1983 and thus are not amenable to suit under this statute (but if an employee of the State harms you, you can sue the State employee under Section 1983 in their individual capacity). However, cities / municipalities (e.g., Minneapolis, Coon Rapids, Duluth, St. Paul, Winona, Rochester, Bloomington, Plymouth, etc.) are considered “persons” for purposes of Section 1983 (and if you are harmed by a department of a city / municipality, the City can be held liable for that department’s actions).
To bring a Section 1983 claim successfully, you must file your lawsuit before the applicable statute of limitations expires. Section 1983 does not contain any explicit statute of limitations, but courts have determined that the applicable statute of limitations period is imported from the forum state’s personal injury statute of limitations. The Eighth Circuit has determined that, pursuant to Minn. Stat. § 541.05, there is a six-year statute of limitation in Minnesota for many but not all Section 1983 claims (e.g., “for assault, battery, false imprisonment, or other tort resulting in personal injury, if the conduct that gives rise to the cause of action also constitutes domestic abuse as defined in section 518B.01”). Certain Section 1983 claims, such as those that fall within Minn. Stat. § 541.07 (e.g., “for libel, slander, assault, battery, false imprisonment, or other tort resulting in personal injury, and all actions against veterinarians as defined in chapter 156, for malpractice, error, mistake, or failure to cure, whether based on contract or tort”), however, are subject to a two-year statute of limitation.
Under Section 1983, you are permitted to recover compensatory damages. You are also eligible to recover punitive damages, attorney’s fees, or both in certain circumstances.
If you still have questions
If you still have questions about whether or not you have a viable civil rights claim under federal or Minnesota law, give our office a call at (651) 771-0019 to set up a consultation with attorney Nico Ratkowski.
Disclaimer: This article was written generally and is not specific to the facts of your case. This article does not constitute legal advice and is not meant to constitute legal advice. Do not rely on this as legal advice. This article will not be updated; the information might be out of date at some point in the future. For your reference, this article was written on March 12, 2021.