United States Ninth Circuit

In a Federal Torts Claims Act (FTCA) suit arising out of an alleged sexual assault of plaintiff by a member of the U.S. Marine Corps, dismissal of the complaint as time-barred is: 1) affirmed in part, where the FTCA's two-year statute of limitations, absent tolling, had run because the claim accrued at the time of the assault, not at the time plaintiff learned of the Marine Corps' negligence; but 2) 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 non-jurisdictional and subject to equitable tolling applies to the entirety of that subsection, plaintiff's equitable tolling argument was not waived, and the district court must consider plaintiff's equitable tolling argument in the first instance. (Amended opinion)

Appellate Information

• Decided 06/03/2014
• Published 06/03/2014

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel