With the repeal of the tolling statute Washington prisoners will only have three years from the time the incident occurs in which to file suit. The reasoning behind having such a tolling statute was that prisoners were unlikely to sue prison officials while still in their custody and vulnerable to retaliation and that a free person was more likely to be able to find and retain counsel to represent them than a prisoner was.
With the repeal of the tolling statute Washington prisoners will now have to file suit within three years after an incident occurs. For incidents that occurred prior to July 1, 1993, prisoners will have until July 1, 1996, in which to file suit.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login