United States Ninth Circuit

Dismissal of an action for damages under 42 U.S.C. section 1983 alleging that plaintiff was unlawfully convicted and imprisoned as a result of violations of his constitutional rights, is reversed and remanded, where: 1) the district court erred by dismissing the section 1983 action as time-barred under Nevada's statute of limitations because even though plaintiff learned of defendants' unlawful actions while in prison, plaintiff's section 1983 claim did not accrue until his convictions were later invalidated; 2) plaintiff's complaint sufficiently alleged willful conduct on the part of a police officer for failing to disclose the confidential informant's criminal history; and 3) on remand plaintiff should be given an opportunity to file an amended complaint as to his municipal liability claims.

Appellate Information

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

Judges

• HELLERSTEIN

Court

• United States Ninth Circuit

Counsel