Statute of Limitations for False Arrest / False Imprisonment in Illinois

Statute of Limitations for False Arrest / False Imprisonment in Illinois

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Published March 4, 2026 • Updated May 16, 2026 • By DocketMath Team

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How the limitation period applies

The controlling primary authority for US-IL false arrest false imprisonment SOL (735 ILCS 5/13-202) is 735 ILCS 5/13-202.

735 ILCS 5/13-202. (735 ILCS 5/13-202) (from Ch. 110, par. 13-202) Sec. 13-202. Personal injury - Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the "Criminal Victims' Escrow Account Act" shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act. (Source: P.A. 99-90, eff. 1-1-16.)

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Sources

All sources are official primary law published by www.ilga.gov.

Corroboration method: government_primary_source_direct_fetch.