Accural of Statute of Limitations in civil rights/false arrest since Heck v. Humphrey

Accrual of Claims:


The Case: Wallace v. Kato 127 S. Ct. 1091 (2007)

The Question: When does a cause of action accrue for false arrest in a civil rights lawsuit under 42 USC 1983. In this case, where a court of appeal reversed on technical grounds and remands for a new trial, which the prosecution did not pursue ?

More specifically, does Heck v. Humphrey

First, the (Wallace) court states, "While we have never stated so expressly, the accrual date of a §1983 cause of action is a question of federal law that is not resolved by reference to state law."

As such the Court found that the traditional rule of accrual apply. That is to say that the "tort cause of action accrues, and the statute of limitations commences to run, when the wrongful act or omission results in damages. "

In this context, the court pointed out that false arrest is a distinct tort, as is malicious prosecution, where the latter requires a judgment overturning a conviction, and the former does not.


At this point the court considered when the "wrongful conduct or omission result in damages" from a false arrest/imprisonment.

And concludes: "false imprisonment consists of detention without legal process, a false imprisonment ends once the victim becomes held pursuant to such process..."
Therefore...