Statute of limitations for civil rights — 42 u.s.c. § 1983 in Illinois

Federal Section 1983 claims filed in Illinois borrow Illinois's two-year personal-injury limitations period. Federal law determines accrual, so the claim may start when the plaintiff knew or should have known of the constitutional injury.

SoL period

2 years

From the date the cause of action accrues

Important: Section 1983 accrual is governed by federal law even though Illinois supplies the limitations period.

Compute your deadline

Filing deadline

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Where this rule comes from

Statute

735 ILCS 5/13-202 (borrowed for § 1983)

"Actions for damages for injury to the person shall be commenced within 2 years after accrual."

Read the full statute Last verified May 7, 2026 by Juryvine Editorial

Frequently asked

What is the statute of limitations for civil rights — 42 u.s.c. § 1983 in Illinois?: 2 years from the date the cause of action accrues. Authority: 735 ILCS 5/13-202 (borrowed for § 1983).

Civil Rights — 42 U.S.C. § 1983 statute by state

California 2 years New York 3 years Pennsylvania 2 years Texas 2 years

Other Illinois statutes of limitations

Personal Injury 2 years Medical Malpractice 2 years Wrongful Death 2 years Breach of Written Contract 10 years Breach of Oral Contract 5 years Fraud 5 years Premises Liability 2 years Product Liability 2 years

Not legal advice. Statutes of limitations are governed by complex doctrine with many exceptions. Use this page as a starting point and verify with an attorney before relying on any deadline. Juryvine is not a law firm and does not represent clients.