## How the limitation period applies

There is no federal statute of limitations specific to claims under 42 U.S.C. § 1983. Federal courts borrow the forum state's law to fill that gap, and longstanding Supreme Court doctrine directs them to use the state's general personal-injury statute of limitations. For US-MI section 1983 civil rights claims SOL (MCL 600.5805(2)), that means the controlling period comes from the state PI statute below, not from any federal source.

## Federal authority for the borrow

Under **42 U.S.C. § 1988(a)**, federal courts apply state law where federal civil-rights statutes are silent or deficient:

> **42 U.S.C. § 1988(a).** The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of titles 13, 24, and 70 of the Revised Statutes for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect;

## Borrowed state limitation period

The forum state's general personal-injury statute of limitations is **MCL 600.5805(2)**:

> **MCL 600.5805(2).** Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [MCL 600.5805(2) — Sec. 5805. Injuries to persons or property; period of limitations.](https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-5805)
- [42 U.S.C. § 1988(a) — Proceedings in vindication of civil rights](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1988&num=0&edition=prelim)

All sources are official primary law published by `www.legislature.mi.gov`, `uscode.house.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


If you’re evaluating a potential civil rights lawsuit under 42 U.S.C. § 1983 in Michigan, the statute of limitations (SOL) typically turns on the...

Statute of Limitations for Section 1983 Civil Rights Claims in Michigan

Wave-12 surgery (2026-04-24) caught 5 cross-wires: top-level § 600.5807 (contract) was paired with § 600.5813 (residual) text; sub_rules[0] § 600.5805 (injury) was mislabeled as contract — real contract is § 600.5807(9); sub_rules[1] § 600.5839 (real-property-improvement repose) was miscited as malpractice — real malpractice is § 600.5805(8); sub_rules[2] § 600.5856 (procedural tolling) was miscited as disability tolling — real disability is § 600.5851; product_liability mis-subsection § 5805(13) (architects/engineers 2yr) corrected to § 5805(2) (generic 3yr injury). Re-verification 2026-04-25 against legislature.mi.gov live primary sources confirmed all corrections intact and caught two minor verbatim drift issues: § 600.5807(9) text was truncated (added 'that is not described in subsections (2) to (8).'), § 600.5805(8) said 'in this section' (corrected to 'in this chapter' per live source). Wave-20 deepening (2026-04-27, ANO-831): backfilled raw_statute_text into all 15 _ano_710_research.claim_types[*] entries with verbatim text re-fetched from legislature.mi.gov primary source. Promoted product_liability cite from § 600.5805(2) (generic injury) to § 600.5805(12) (dedicated products-liability subsection — same 3yr period but more accurate). Promoted libel/slander text from generic § 5805(11) reference to verbatim subsection text. Promoted government_tort_claim cite from § 691.1404 to § 691.1404(1) with full subsection (1) verbatim. Promoted ucc cite from § 440.2725 to § 440.2725(1).

(9) The period of limitations is 6 years for an action to recover damages or money due for breach of contract that is not described in subsections (2) to (8).

All other personal actions shall be commenced within the period of 6 years after the claims accrue and not afterwards unless a different period is stated in the statutes.

(1) As a condition to any recovery for injuries sustained by reason of any defective highway, the injured person, within 120 days from the time the injury occurred, except as otherwise provided in subsection (3) shall serve a notice on the governmental agency of the occurrence of the injury and the defect. The notice shall specify the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time by the claimant.

(8) Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice.

(11) The period of limitations is 1 year for an action charging libel or slander.

(1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section. (2) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.

The period of limitations is 3 years for a products liability action. However, in for a product that has been in use for not less than 10 years, the plaintiff, in proving a prima facie case, must do so without the benefit of any presumption.

An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than 1 year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warrant explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(6) The period of limitations is 10 years for an action to recover damages sustained because of criminal sexual conduct. For purposes of this subsection, it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the conduct or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication.

The period of limitations is 6 years for an action to recover damages or money due for breach of contract that is not described in subsections (2) to (8).

(10) All other indictments may be found and filed within 6 years after the offense is committed.

A person shall not maintain an action to recover damages for injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective or unsafe condition of an improvement to real property, or an action for contribution or indemnity for damages sustained as a result of such injury, against any state licensed architect or professional engineer performing or furnishing the design or supervision of construction of the improvement, or against any contractor making the improvement, unless the action is commenced within either of the following periods: (a) Six years after the time of occupancy of the completed improvement, use, or acceptance of the improvement. (b) If the defect constitutes the proximate cause of the injury or damage for which the action is brought and is the result of gross negligence on the part of the contractor or licensed architect or professional engineer, 1 year after the defect is discovered or should have been discovered.

Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section. (2) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.

Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice.

No person shall bring or maintain any action or proceeding to foreclose a mortgage on real estate unless he commences the action or proceeding within 15 years after the mortgage becomes due or within 15 years after the last payment was made on the mortgage. This section limits foreclosure by advertisement and any other entries under the mortgage as well as actions of foreclosure in the courts.

Sec. 24. (1) An indictment for any of the following crimes may be found and filed at any time: (a) Murder, conspiracy to commit murder, or solicitation to commit murder, or criminal sexual conduct in the first degree.

(12) The period of limitations is 3 years for a products liability action. However, in for a product that has been in use for not less than 10 years, the plaintiff, in proving a prima facie case, must do so without the benefit of any presumption.

(2) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property.

The period of limitations is 1 year for an action charging libel or slander.

Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [ 29 U.S.C. 201 et seq. ], the Walsh-Healey Act, or the Bacon-Davis Act 1 - (a) if the cause of action accrues on or after May 14, 1947-may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued;

(1) Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run. This section does not lessen the time provided for in section 5852.

An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than 1 year but may not extend it.

A person who alleges a violation of this act may bring a civil action for appropriate injunctive relief, or actual damages, or both within 90 days after the occurrence of the alleged violation of this act.

An action involving a claim based on medical malpractice may be commenced at any time within the applicable period prescribed in section 5805 or sections 5851 to 5856, or within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later.

Michigan's master tort SOL section MCL 600.5805 sets a default 3-year limitations period for personal-injury, wrongful-death, and property-damage actions (subsection (2)), running from the time of death or injury, with enumerated exceptions in the remaining subsections, and subject to applicable statutes of repose in MCL 600.5838a, 5838b, and 5839 (subsection (14)).

Under MCL 600.5805(2), the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property, except as otherwise provided in the section. This is the controlling SOL for general personal-injury, negligence, premises-liability, product-liability, slip-and-fall, and dog-bite actions in Michigan. Wrongful death (subsection 2 covers 'death of a person') also runs at 3 years under the same provisi

Under MCL § 600.5813, all 'other personal actions' shall be commenced within 6 years after the claim accrues. Michigan classifies breach of fiduciary duty as an 'other personal action' under this residual provision (Miller v. Magline).

Under MCL § 600.5803, no person shall bring an action or proceeding to foreclose a mortgage on real estate unless commenced within 15 years after the mortgage becomes due or within 15 years after the last payment, whichever is later. Limits both foreclosure-by-advertisement and judicial foreclosure.

Under MCL § 600.5805(8), the period of limitations is 2 years for an action charging malpractice. MCL § 600.5838(2) overlays a 6-month-from-discovery extension: a malpractice action may be commenced within the 2-year period under § 5805 OR within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later.

Under MCL § 600.5805(11), an action charging libel or slander must be brought within 1 year.

Under MCL § 600.5851(1), if a person entitled to bring an action is under 18 or insane when the claim accrues, the person has 1 year after the disability is removed (through death or otherwise) to bring the action — even if the underlying SOL has run. The 1-year grace is in addition to (does not lessen) the time provided in § 5852 (wrongful death). Subsections (7) and (8) carve out modified rules for medical-malpractice claims by minors.

Under MCL § 440.2725(1), an action for breach of any contract for sale must be commenced within 4 years after the cause of action accrued. Michigan uses Arabic numerals ('4 years', '1 year') rather than spelled-out 'four'/'one'.

Under MCL § 600.5807(9) (as renumbered by 2018 PA 15 eff. May 7, 2018), the period of limitations is 6 years for an action to recover damages or money due for breach of contract not specifically described in subsections (2)-(8). Michigan applies this 6-year contract residual to account-stated claims.

A Michigan common-law breach-of-fiduciary-duty claim is treated as an action for 'injury to a person or property' and is governed by the three-year residual limitations period at MCL 600.5805(2). The claim accrues when the beneficiary knew or should have known of the breach (Prentis, 266 Mich. App. at 47, citing Bay Mills Indian Cmty. v. Michigan, 244 Mich. App. 739, 751 (2001)).

A Michigan tort action to recover damages for injury to property or for bodily injury or wrongful death arising out of the defective or unsafe condition of an improvement to real property — i.e., a construction-defect claim — must be commenced within six years after the time of occupancy of the completed improvement, use, or acceptance of the improvement (MCL 600.5839(1)(a)). Where the defect is the result of gross negligence on the part of the contractor or licensed architect or professional en

Under MCL 767.24(1)(a), murder is explicitly enumerated among the offenses for which 'An indictment ... may be found and filed at any time.' Michigan imposes no statute of limitations on murder prosecution. This no-limitation rule encompasses murder in all degrees, including first-degree (premeditated) murder under MCL 750.316, because MCL 767.24(1)(a) refers to 'Murder' without qualification. The statute also includes no-limit coverage for conspiracy to commit murder and solicitation to commit 

Statute of limitations for personal injury in US-MI is 3 years under MCL 600.5805(2).

Statute of limitations for ucc sale of goods in US-MI is 4 years under MCL § 440.2725(1).

Statute of limitations for tolling for minority in US-MI is 1 years under MCL § 600.5851(1).

Statute of limitations for mortgage foreclosure in US-MI is 15 years under MCL § 600.5803.

Statute of limitations for account stated open account in US-MI is 6 years under MCL § 600.5807(9).

Statute of limitations for debt on a promissory note in US-MI is 6 years under MCL 600.5807(9).

Statute of limitations for construction defects in US-MI is 6 years under MCL 600.5839(1).

Statute of limitations for libel in US-MI is 1 years under MCL § 600.5805(11).

Statute of limitations for wrongful death in US-MI is 3 years under MCL 600.5805.

Statute of limitations for medical malpractice in US-MI is 2 years under MCL 600.5805.

Statute of limitations for legal malpractice in US-MI is 2 years under MCL 600.5805.

Statute of limitations for product liability in US-MI is 3 years under MCL 600.5805.

Statute of limitations for premises liability in US-MI is 3 years under MCL 600.5805.

Statute of limitations for breach written contract in US-MI is 6 years under MCL 600.5807.

Statute of limitations for breach oral contract in US-MI is 6 years under MCL 600.5807.

Statute of limitations for fraud in US-MI is 3 years under MCL 600.5805.

Statute of limitations for slander in US-MI is 1 year under MCL 600.5805.

Statute of limitations for property damage in US-MI is 3 years under MCL 600.5805.

Statute of limitations for trespass in US-MI is 3 years under MCL 600.5805.

Statute of limitations for breach of fiduciary duty in US-MI is 3 years under MCL § 600.5805(2).

Under MCL 600.5805(1)-(2), an action to recover damages for injuries to property in Michigan must be commenced within three years after the claim accrues.

Under MCL 600.5839(1)(a), Michigan's statute of repose for construction defects bars any action for property damage, bodily injury, or wrongful death arising from a defective or unsafe improvement to real property against a licensed architect, engineer, or contractor unless brought within 6 years after occupancy, use, or acceptance of the completed improvement.

MCL § 767.24(10) provides a 6-year statute of limitations for indictments for misdemeanors (all offenses not covered by subsections (1)-(9)); the period runs from when the offense is committed.

Section 1983 borrows the forum state's general personal-injury limitations period; in Michigan that is the 3-year period for injury to a person under MCL 600.5805(2).

Under Mich. Comp. Laws § 600.5807(9), the period of limitations is 6 years for an action to recover damages or money due for breach of contract not described in subsections (2) to (8); an oral contract is not within those enumerated subsections, so a breach-of-oral-contract action is governed by this six-year period.

Invasion of privacy is a personal-injury tort with no separate limitations statute, so it is governed by the general personal-injury period of 3 years under MCL 600.5805(2).

Trespass to chattels and conversion are actions for injury to or taking of personal property governed by MCL 600.5805(2), which sets a 3 years limitations period.

MCL § 600.5851(1) tolls the SOL for minor plaintiffs (under 18): plaintiff has 1 year after disability removed to file, even if SOL has run. Reconfirmed from legislature.mi.gov 2026-06-29; consistent with REC-2026-05-11-222 (ch1).

MCL § 600.5853 (Act 236 of 1961): SOL does not run while defendant is outside Michigan unless service was available. Absences exceeding 2 months are excluded from the limitations period. Primary fetch from legislature.mi.gov.

Michigan Court of Appeals case found via LDH keyword search for MCL § 600.5853 absence-from-state tolling; confirms the statute is active and applied in Michigan appellate courts as of 2017.

MCL § 600.5855 (Act 236 of 1961, eff. Jan 1, 1963): Fraudulent concealment of claim or liable party's identity tolls SOL; plaintiff has 2 years from discovery or when they should have discovered. Primary fetch from legislature.mi.gov.

Pre-existing ANO-710 tolling provenance block (wave-20, 2026-04-27) corroborates MCL § 600.5855 for defendant_concealment. No contradiction found across channels.

MCL § 600.5838a(2): Michigan statutory discovery rule for medical malpractice. Action may commence within standard period or within 6 months of discovery, whichever is later; bounded by 6-year repose. Primary fetch from legislature.mi.gov 2026-06-29.

Michigan Supreme Court (Brickley C.J., 1995) reversed Court of Appeals and reinstated summary disposition, confirming Michigan's discovery rule is statutory and narrow, not a general common-law rule for all personal injury. Fetched via Legal Data Hunter CourtListenerBulk.

If the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run.

If any person is outside of this state at the time any claim accrues against him the period of limitation shall only begin to run when he enters this state unless a means of service of process sufficient to vest the jurisdiction of a Michigan court over him was available to the plaintiff. If after any claim accrues the person against whom the claim accrued is absent from this state, any and all periods of absence in excess of 2 months at a time shall not be counted as any part of the time limited for the commencement of the action unless while he was outside of this state a means for service of process sufficient to vest the jurisdiction of a Michigan court over him was available to the plaintiff.

If a person who is or may be liable for any claim fraudulently conceals the existence of the claim or the identity of any person who is liable for the claim from the knowledge of the person entitled to sue on the claim, the action may be commenced at any time within 2 years after the person who is entitled to bring the action discovers, or should have discovered, the existence of the claim or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations.

Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run. This section does not lessen the time provided for in section 5852.

Statute of Limitations for Section 1983 Civil Rights Claims in Michigan

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