United States Ninth Circuit

Dismissal, on statute of limitations grounds, of claims brought pursuant to 42 U.S.C. section 1983 challenging the constitutionality of a warrantless search of plaintiff’s apartment is affirmed, where: 1) the original complaint did not sufficiently identify all the proper defendants; 2) the amended complaints did not relate back to the time that plaintiff filed her original complaint; and 3) the district court correction properly rejected, at the pleading stage, plaintiff’s claim of equitable tolling under California law.

Appellate Information

• Decided 09/12/2014
• Published 09/12/2014

Judges

• Bennett

Court

• United States Ninth Circuit

Counsel