United States Ninth Circuit

A civil action under the FTCA for negligently calculating a prisoner's release date, or otherwise wrongfully imprisoning the prisoner, does not accrue until the prisoner has established, in a direct or collateral attack on his imprisonment, that he is entitled to release from custody. Dismissal on statute-of-limitations grounds is reversed.

Appellate Information

• Decided 04/19/2004
• Published 04/19/2004

Judges

• Before: KOZINSKI and KLEINFELD, Circuit Judges, and BEISTLINE, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Margaret Engelhardt (argued), certified law student at University of California School of Law, Davis, California, for the appellant., Carter C. White (briefed supplemental opening brief), Supervising Attorney, University of California School of Law, Davis, California, for the appellant., Darrow Kierov Erlin (briefed opening brief), pro per, Oakland, California, appellant.


• For Appellees:
  
• Jocelyn Burton, Assistant U.S. Attorney, San Francisco, California, for the appellee.