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UT Section 1983 Statute of Limitations Struck Down
Loaded on Nov. 15, 1994
published in Prison Legal News
November, 1994, page 2
In 1987 the Utah state legislature enacted section 78-12-28(3) which provided a two year period in which to bring an "action for injury to the personal rights of another as a civil rights suit under 42 U.S.C. § 1983." This is the only law of its type in the country. …
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More from this issue:
- UT DOC Violates Court Access Rights
- State Must Provide Assistance for Parental Suits
- UT Section 1983 Statute of Limitations Struck Down
- Sexual Assault by Police States Claim
- Change in Parole Eligibility Actionable Under Section 1983
- Admin Reversal Doesn't Affect Disciplinary Hearing Suit
- Refusal to Help Prisoner Eat Illegal
- RFRA Must Be Argued on Merits
- Failure to Treat Teeth States Claim
- Disputed Disciplinary Facts Require Reversal
- Attorney Fees for Contempt Hearing
- 4th Circuit Clarifies Eighth Amendment Standard
- Idaho Cons Entitled to Pen and Paper
- Transferee Entitled to Sending State Case Law
- Prison Alcohol Program May Violate Free Speech
- Retaliation Suit Requires Trial
- Detainees Can't Be Forced to Work
- Shortened Pens States Claim
- Retaliation for Grievances Illegal
- Evidence Must Support Disciplinary Charge
- U.S. S.Ct. to Hear Prison and Parole Cases
- BOP Phone Litigation Update
- MA DOC Uses New Phone System, by Paul Wright
- WI Removes Weights and Tennis Courts
- Asset Forfeiture is Dysfunctional Policy
- Hazardous Waste Found in WI Prison
- DOJ Releases ADA Advisory Report
- Killer Workplace
- MI Parole Consent Decree Vacated
- Overcrowding Leads to Pneumonia
- Cooling Towers Spread Legionnaire's
- Lawyers Deny Inmate Discovery Pending Motion to Dismiss in Federal Court, by Allan Parmelee
- Santeros Win PI
- No Immunity for Beating
- WA Digital Probe Suits Barred
- Committing Journalism - The Prison Writings of Red Hog (Book Review), by Bill Jeffcott
- Scared Witless
- The London Hanged: Crime and Civil Society in the 18th Century (Book Review), by Sandy Judd
- Crisis Continues in Salvadoran Prison System
- A Prison a Week
- Asian Prison News
More from these topics:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.
- Eighth Circuit Announces § 2255 One-Year Limitations Period Begins to Run in Deferred-Restitution Criminal Case When Subsequent Amended Judgment Finalizes Amount, Nov. 15, 2025. Limitations, Habeas Corpus, Restitution, AEDPA.
- Appeals Court Rules Michigan’s Tolling Provision Is Not Inconsistent with the PLRA, Nov. 1, 2025. Administrative Exhaustion (PLRA), Limitations, 42 U.S. Code § 1983, civil action for deprivation of rights, Tolling of Statutes of Limitations and Laches.
- Ninth Circuit Reaffirms Longstanding Precedent That District Court Cannot Sua Sponte Dismiss Untimely Habeas Corpus Petition Without Giving Petitioner Prior Notice and Opportunity to Respond, Oct. 15, 2025. Limitations, Habeas Corpus, Summary Disposition, Tolling of Statutes of Limitations and Laches, Denial of Due Process.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, Feb. 14, 2019. Civil Procedure, Marriage.
- Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations, Nov. 28, 2018. Rehabilitation/Recidivism, Limitations, Habeas Corpus.