Fla. Bar No. 1048733 · Former judicial clerk, Fourth Judicial Circuit
Last reviewed October 2026
What is a Section 1983 claim?
A federal civil rights claim against a person who, acting under government authority, violated your rights under the Constitution or federal law.
Common examples are false arrest (an arrest without probable cause), malicious prosecution, and excessive force. Excessive-force claims are judged by whether the force was objectively reasonable under the circumstances. Graham v. Connor, 490 U.S. 386 (1989). Claims against the agency itself require showing that an official policy or custom caused the violation. Monell v. Department of Social Services, 436 U.S. 658 (1978).
What if I was physically injured during the arrest?
Your injuries are part of the damages, along with lost income, emotional distress, and in some cases punitive damages against the officer.
State-law claims, such as battery or negligence, may also apply. Claims against Florida government agencies have written-notice requirements and limits on damages, so the strategy has to account for both federal and state law.
How long do I have to file a § 1983 claim in Florida?
File within two years to be safe. Courts have long applied a four-year deadline, but Florida's 2023 change to its injury deadlines raises a question that no court has answered yet.
Section 1983 has no deadline of its own. Federal courts borrow the state's general or residual deadline for personal injury cases. Owens v. Okure, 488 U.S. 235 (1989). For Florida, the Eleventh Circuit has applied four years, based on Florida's catch-all deadline for claims not covered elsewhere. Baker v. Gulf & Western Industries, Inc., 850 F.2d 1480, 1482 (11th Cir. 1988).
In 2023, Florida cut the deadline for negligence claims from four years to two. It left the four-year catch-all in place. Before 2023, both deadlines were four years, so courts never had to decide which one counts as Florida's "general" injury deadline. Now they differ. The four-year rule is the stronger reading, but an officer or agency could argue for two years, and I'm not aware of a court that has decided the question.
The deadline also depends on which claim you have, because each one starts its clock at a different time:
- Excessive force. The clock generally starts on the day the force was used, usually the day of the arrest. This is the claim most likely to run out first.
- False arrest. The clock does not start at the arrest. It starts when you are held under legal process, such as when you are first brought before a judge, which is usually a day or two later. Wallace v. Kato, 549 U.S. 384 (2007).
- Malicious prosecution. The clock starts when the criminal case ends without a conviction, for example when the charges are dropped or you are acquitted. McDonough v. Smith, 588 U.S. 109 (2019). That can be months or years after the arrest. You do not need a finding of innocence, only that the case ended without a conviction. Thompson v. Clark, 596 U.S. 36 (2022).
- Florida state-law claims against the agency (for example, battery or negligence claims against JSO or the city). Before suing, you must give written notice to the agency within 3 years. For state agencies, notice must also go to the Department of Financial Services. The lawsuit must then be filed within 4 years. In a wrongful death case, both are 2 years. Fla. Stat. § 768.28(6), (14).
Treat two years from the arrest as your deadline. That date comes before every deadline above, so it protects every claim, and evidence like body-camera video is easier to get early. If more than two years have passed, call anyway. A malicious prosecution claim may still be open if your criminal case ended recently.
What evidence matters in a wrongful arrest case?
Body-worn and dash camera video, 911 and dispatch recordings, arrest reports, booking records, jail medical records, and witness video.
Records requests and preservation demands should go out quickly. Read more about why evidence preservation matters.
Common questions
Do I need the criminal charges dismissed first?
It depends on the claim. A claim that would imply a criminal conviction is invalid generally cannot proceed while the conviction stands. Heck v. Humphrey, 512 U.S. 477 (1994). For a federal malicious prosecution claim, you must show the prosecution ended without a conviction, but you do not need an affirmative finding of innocence. Thompson v. Clark, 596 U.S. 36 (2022). Talk to your criminal defense lawyer and to me before resolving the charges if you can.
What is qualified immunity?
A defense that protects officers unless they violated a constitutional right that was clearly established at the time. Pearson v. Callahan, 555 U.S. 223 (2009). It is often the central fight in these cases.
How long do I have?
Plan on two years from the arrest. Courts have applied four years to § 1983 claims in Florida, but Florida's 2023 tort reform created an open question. Each type of claim also starts its clock at a different time. If more than two years have passed, call anyway, especially if your criminal case ended recently. See how long you have for the details.
This page is general information about Florida law, not legal advice for your situation.