Section 1983 Filing Deadlines in Texas

Section 1983 does not contain its own statute of limitations. Federal courts borrow one from state law, which means the deadline for a civil rights claim in Texas comes from the Texas Civil Practice and Remedies Code.

Which state deadline applies: Owens v. Okure

In Owens v. Okure, 488 U.S. 235 (1989), the Supreme Court held that §1983 claims borrow the forum state's limitations period for injury actions, and that where a state has more than one such period, courts use the general or residual one.

Texas: two years under §16.003

In Texas, the borrowed statute is §16.003(a) of the Civil Practice and Remedies Code, which sets a two-year limitations period for injury claims, running from the day the cause of action accrues (subject to exceptions listed in the statute). See the official text of Chapter 16.

The Fifth Circuit applies this two-year period to §1983 claims arising in Texas. See, for example, Piotrowski v. City of Houston, 237 F.3d 567 (5th Cir. 2001). For claims based on a death, §16.003(b) provides a two-year period that runs from the day of death.

When the clock starts

While the length of the deadline comes from state law, federal law decides when a §1983 claim accrues. In general, a claim accrues when the plaintiff knows, or has reason to know, of the injury that is the basis of the action.

• Excessive force: generally the date force was used.
• False arrest: generally when the person becomes held pursuant to legal process, under Wallace v. Kato, 549 U.S. 384 (2007).
• Retaliation: generally the date of the retaliatory act.
• Death cases: see §16.003(b) and our police and in-custody deaths page.

Tolling and exceptions

Texas tolling rules can sometimes pause or extend the deadline, for example for minors under §16.001. These exceptions are narrow and fact-specific. It is safest to treat two years from the incident as the outer limit and to talk with a lawyer well before then.

Other deadlines that can come first

• Some Texas cities and counties have charter or statutory notice requirements for state-law claims that are much shorter than two years.
• Records such as video and dispatch audio may be kept only for limited periods under agency retention schedules.
• A pending criminal case can affect strategy and timing.

Related topics

See the §1983 overview and our guides on excessive force, false arrest, First Amendment retaliation, qualified immunity, and suing a city.

This page is general information about Texas and federal law, not legal advice for your situation. Laws and court decisions change, and every case turns on its own facts.