Pretrial Detention Statute of Limitations Blues

Austin v. Medicis, No. B277546 (D2d3 Mar. 21, 2018)

Code of Civil Procedure § 352.1 provides for tolling of a statute of limitations for up to two years if, at the time the claim accrued, the plaintiff is “imprisoned on a criminal charge . . . for a term less than life.” The Court here reads that to toll the SOL for inmates serving sentences to state prison, but not to a pretrial detainee in a county jail.

Affirmed.