Statute of Limitations for False Arrest / False Imprisonment in Illinois

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In Illinois, the statute of limitations for false arrest and false imprisonment is 5 years under 720 ILCS 5/3-6 (the general/default limitations period).
In other words, a plaintiff typically has 5 years from the date the claim accrues to file a lawsuit—assuming no different, applicable rule applies.

Because “false arrest” and “false imprisonment” are commonly pleaded together (or treated as closely related tort theories), the practical timing takeaway is the same for your baseline analysis: start with the 5-year general period in 720 ILCS 5/3-6, then verify when the claim accrued on your facts (often when the restraint/detention ends, or when the injury is known or reasonably should be known).

Limitation period

Default limitations period in Illinois: 5 years (general SOL) under 720 ILCS 5/3-6.

The jurisdiction data provided for Illinois indicates:

• General SOL Period: 5 years
• General Statute: 720 ILCS 5/3-6
• Source: https://ilga.gov/ftp/Public%20Acts/101/101-0130.htm?utm_source=openai

What “5 years” means in practice

As a general rule, the “5 years” runs from the accrual date—the date the cause of action accrues. Accrual is usually fact-dependent, and in false arrest/false imprisonment disputes it often turns on when the allegedly unlawful restraint ends and/or when the plaintiff knew or reasonably should have known about the injury tied to that restraint.

Timeline example (how the SOL date is computed)

Assume the restraint allegedly ended on March 1, 2020 (your relevant date may differ depending on the facts and accrual analysis). With a 5-year general SOL:

• Accrual date: March 1, 2020
• SOL deadline: March 1, 2025
• Risk note: Filing after the deadline risks dismissal as untimely under the limitations period.

Key inputs to lock down

To compute the deadline in DocketMath, you’ll typically need to set:

• Start date (accrual date): when the claim accrued (often linked to when the restraint ends)
• Jurisdiction: Illinois (US-IL)
• Rule used: default/general SOL (5 years) unless an exception or other rule applies

Key exceptions

Baseline rule first: The general/default period above is the starting point for this reference-page approach. Per the brief, no claim-type-specific sub-rule was found in the provided jurisdiction data for false arrest/false imprisonment. So the safest baseline is the general 5-year limitations rule in 720 ILCS 5/3-6.

That said, even when the SOL length is “5 years,” the effective deadline can change due to:

• Tolling (pauses/extends the clock): Certain circumstances may pause the limitations period or extend it under applicable legal doctrines or statutes.
• Accrual disputes (when the clock starts): The number of years might be fixed, but the start date can be contested—e.g., disagreement about when the restraint ended or when injury/knew-or-should-have-known facts occurred.
• Procedural history: Prior filings, dismissals, and refilings can affect timing analysis under doctrines that may apply to the specific procedural posture.

How exceptions affect DocketMath outputs

DocketMath’s deadline modeling typically depends on:

• Which SOL rule you select (here: default 5-year general SOL)
• The accrual/start date you enter
• Whether you incorporate tolling/adjustments in your workflow (if supported/appropriate for your situation)

For timeline modeling, a shift in the accrual date by even a few weeks will generally shift the computed deadline by the same offset—because the calculation is anchored to that start date.

Statute citation

720 ILCS 5/3-6 is the general limitations statute used as the default 5-year period for this reference-page.

Source (Illinois General Assembly / ILGA):
https://ilga.gov/ftp/Public%20Acts/101/101-0130.htm?utm_source=openai

Use the calculator

Use DocketMath (the Statute of Limitations tool) to convert your key dates into a deadline based on Illinois’s default 5-year general SOL under 720 ILCS 5/3-6.

• Start here: /tools/statute-of-limitations

What to enter (practical checklist)

Before running the calculator, gather:

• Accrual/start date for the false arrest/false imprisonment claim
• Jurisdiction: Illinois (US-IL)
• Baseline SOL: 5 years (default general rule)

How the output changes when inputs change

• Earlier accrual date → earlier deadline (same 5-year framework)
• Later accrual date → later deadline
• Exception/tolling → potentially different effective deadline beyond a simple “accrual + 5 years” calculation

Quick pre-filing check

• ☐ Did you identify when the restraint allegedly ended (or otherwise when accrual is supported by your facts)?
• ☐ Are you using the Illinois default general SOL (not a different rule that might apply)?
• ☐ Could tolling or a disputed accrual date affect timing?

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator