Exception to Statute of limitations in West Virginia

[lucid]

I was wrongfully arrested on 03/09 and spent two months in jail. I was released with a "we're sorry, I guess it wasn't you"

It's been more than a year since this incident. According to:

West Virginia Statutes of Limitations - Lawyers.com

False Imprisonment, 1 year
W. Va. Code § 55-2-12(c)

I only had a year to sue the state for completely violating my rights.

Is there any exception to this statute of limitation?
Is it too late for me to take legal action?


Thank you for your help

 

[lucid]

I should probably add that they said the case was not officially ove until the third indictment term ended. This happened around 12/09 some time.

I am aware that the statute begins when the incident occours. A lawyer I spoke to after the incident suggested I speak to him after the indictment period.


Again thanks for your help

 

[BOR]

False imprisonment may refer to a civil detention, say a shoplifter being
detained unreasonably??

I have not researched it.

If you are claiming false arrest by the police, consult an attorney. IF the intent is to file under 42 USC 1983, the federal civil rights act of 1871, the Supreme court has ruled it is that state's SOL for personal injury.

From the site you list, plus the FA web site here has a list of state SOL's, it has 2 years citing 55 here.

 

[Zigner]

Did you file a claim already?

 

[ecmst12]

Is it false imprisonment if they had reasonable suspicion and evidence to arrest him but discovered evidence later that cleared him?