DEADLINE TO FILE TWIN PEAKS CIVIL RIGHTS CLAIMS FAST APPROACHING

A false arrest claim MUST be brought within 2 years of the date of arrest. In this instance, May 17, 2017 is the absolute deadline!

There is some bad legal advice going around related to the deadline for bikers who were arrested at Twin Peaks to file civil cases. I’ve now heard it repeated several times, and this morning even got an e-mail from an Houston lawyer that represents several bikers repeating the bad advice. His belief, and that of others who are suggesting that the deadline doesn’t start to run until charges are dropped or the person is acquitted, is absolutely incorrect.

The United States Supreme Court settled the issue once and for all in 2007 in a case called Wallace v. Kato. The court held: “The statute of limitations upon a § 1983 claim seeking damages for a false arrest in violation of the Fourth Amendment … begins to run at the time the claimant becomes detained pursuant to legal process.”

Bottom line – file by May 17, 2017 or say goodbye to any claims you might have!