Statute of Limitations for False Arrest / False Imprisonment in Hawaii

6 min read

Published March 22, 2026 • By DocketMath Team

Overview

In Hawaii, a claim for false arrest or false imprisonment is usually treated as a civil personal injury–type action under Hawaii’s general statute of limitations framework. That means the clock generally starts when the alleged wrongful confinement/arrest occurred (or when the plaintiff knew or should have known of the relevant facts—depending on the claim structure).

For practical case management, the most useful starting point is Hawaii’s general civil limitations rule in Haw. Rev. Stat. § 701-108(2)(d), which sets a 5-year period as the default SOL for many personal injury actions. Your timeline planning should begin there unless a specific, applicable exception applies.

Note: DocketMath’s statute-of-limitations calculator is designed to help you compute deadlines from the relevant event date(s). It won’t replace case-specific legal analysis, but it can quickly convert statutory time limits into usable calendar dates.

Limitation period

Default rule (what you should assume first)

Hawaii’s general rule provides a 5-year statute of limitations for the kinds of civil claims covered by the default language in:

  • General SOL Period: 5 years
  • General Statute: **Haw. Rev. Stat. § 701-108(2)(d)

The key takeaway from your jurisdiction data: no claim-type-specific sub-rule was found for false arrest/false imprisonment. In other words, you should treat § 701-108(2)(d) as the general/default period for planning purposes.

When the deadline starts to run (inputs matter)

To calculate an SOL deadline accurately, you generally need to identify the “trigger” date your case will use, such as:

  • Arrest/confinement date (often the core starting event)
  • Discovery date (only relevant if your claim theory ties the limitations period to when facts were discovered or should have been discovered)
  • Last date of confinement (in situations where confinement spanned multiple days)

Because the calculator will require date inputs, you should collect and verify:

  • The exact date(s) of the alleged arrest and confinement
  • Any paperwork or logs showing the timeline (booking dates, release dates, incident reports)
  • Evidence of when the plaintiff became aware of key facts, if discovery concepts are part of the theory

How changing dates changes the result

Even when the statute is a clean “5 years,” your output changes significantly if you adjust the start date input. For example:

  • If you use the arrest date as the start date, the deadline will be earlier.
  • If you use the last day of confinement instead, the deadline shifts forward by the number of days between those events.
  • If the case relies on a discovery-based start, the deadline can be substantially later than the arrest date.

Below is a simple way to think about it with DocketMath:

  • Start date (input) → adds 5 years (from § 701-108(2)(d))
  • Deadline date (output) → the date the filing must be no later than

Checklist for your inputs:

Key exceptions

Even with a strong default like 5 years, real-world filings often turn on exceptions and procedural rules that can affect the effective deadline. Because this post focuses on statutory limitations rather than case strategy, consider the following as planning categories to check before you rely on a straight 5-year calculation.

1) Exceptions that change when the clock starts or stops

Many jurisdictions recognize that limitations periods can be affected by doctrines such as:

  • Tolling (pauses in the limitations clock)
  • Accrual/demand timing (when the claim is treated as having “arisen”)
  • Disability or legal incapacity (where allowed by statute)
  • Equitable considerations (sometimes recognized in limited circumstances)

The practical impact: if any exception applies, the “5 years” may not run continuously from the initial event date you’re considering.

2) Procedural constraints can matter as much as the SOL

For civil actions, filing deadlines can be influenced by procedural events even if the statute says “5 years.” Common examples include:

  • When a complaint is considered “filed” for timing purposes
  • Service requirements after filing
  • Court closures affecting filing due dates

Warning: A computed “5-year anniversary” date is a useful anchor, but filings may still be affected by filing rules, court administrative deadlines, and any tolling/exception that shifts the operative date.

3) Government-entity-related claims may follow different timing rules

If a false arrest/false imprisonment claim involves a government actor or a government-related defendant, some legal frameworks can impose different procedural prerequisites and potentially different timing for bringing suit. Even when the underlying claim resembles false arrest/false imprisonment, the governing limitations mechanics can change.

Because your brief specifies the default SOL and notes that no claim-type-specific sub-rule was found, the safest workflow is:

  • Start with § 701-108(2)(d) = 5 years as your baseline.
  • Then verify whether the defendant category or claim structure triggers a separate timing rule or procedural condition.

Statute citation

The default statute of limitations period used for false arrest / false imprisonment timing in Hawaii in your provided jurisdiction data is:

  • **Haw. Rev. Stat. § 701-108(2)(d)
    • General SOL Period: 5 years

You should treat § 701-108(2)(d) as the general/default limitations period, because no claim-type-specific sub-rule was identified for false arrest/false imprisonment in the jurisdiction data.

Use the calculator

DocketMath’s statute-of-limitations tool helps you translate the statutory period into a deadline date:
Statute of Limitations calculator

Typical DocketMath workflow (false arrest/false imprisonment)

  1. Open DocketMath → Statute of Limitations calculator:
    /tools/statute-of-limitations
  2. Select:
    • Jurisdiction: **Hawaii (US-HI)
  3. Enter the relevant start date:
    • Often the arrest/confinement date or last day of confinement, depending on how your claim is framed.
  4. Use the tool output as a planning deadline:
    • It will add 5 years under Haw. Rev. Stat. § 701-108(2)(d) (general/default rule).

Inputs and outputs (what to watch)

Use these guidelines to avoid mistakes:

  • Input: the date you choose as the start of the limitations clock
  • Output: the computed latest filing deadline based on 5 years

If you run multiple scenarios, compare outputs:

This approach helps you quickly identify the earliest “hard” deadline versus any later deadline that depends on a different trigger date.

Sources and references

Start with the primary authority for Hawaii and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

Related reading