In Byrd v. Manning, 253 N.J. Super. 307, 310-11, 601 A.2d 770 (App.Div.), certif. denied, 130 N.J. 18, 611 A.2d 656(1992), the plaintiff attempted to overcome the statute of limitations defense to his 1983 federal civil rights action by claiming he was under duress by the defendants. The duress took the form of the defendants' prosecution of a criminal case against him and the concomitant prospect of the threat of imprisonment. Id. at 319, 601 A.2d 770. The Court rejected the plaintiff's argument, holding the prosecution of the plaintiff did not constitute duress because he failed to show the pursuit of the criminal complaint "was for the purpose of deterring or inhibiting his civil action against the defendants." Ibid. Moreover, the plaintiff failed to show he was deprived of his freedom of will. Ibid. In support of this conclusion, we noted the plaintiff had "sufficient clarity of mind to retain counsel, file criminal complaints against the police officers, testify during the 1989 municipal court proceedings and file pre-complaint motions in both the federal and state courts prior to the expiration of the statute." Id. at 319-20, 601 A.2d 770.