United States Ninth Circuit

In a Federal Torts Claims Act suit arising out of an alleged sexual assault of plaintiff by a member of the U.S. Marine Corps, dismissal as time-barred of the complaint is: 1) vacated in part as to the district court's holding that plaintiff's claim is time barred where the conclusion in Wong v. Bebe that 28 U.S.C. section 2401(b) is nonjurisdictional and subject to equitable tolling applies to the entirety of that subsection; and 2) affirmed in part as to the remaining holding that FTCA’s two-year statute of limitations, absent tolling, had run.

Appellate Information

• Decided 04/15/2014
• Published 04/15/2014

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel