Pedro Rosales-Martinez v. Colby Palmer

This is an action for damages under 42 U.S.C. § 1983 . The plaintiff, Pedro Rosales-Martinez, complains that he was unlawfully convicted and imprisoned as a result of violations of his constitutional rights. He alleges that the defendants, acting under color of State law, unlawfully suppressed the criminal history of a confidential informant who was the main witness against him, failed to produce the documents reflecting that criminal history, and thus caused him to be found guilty of several counts of drug trafficking and to be sentenced to a term of ten to twenty-five years. Rosales-Martinez alleges that the Nevada state courts recognized the constitutional error, granted his petition for a writ of habeas corpus, and ordered him freed, on December 2, 2008. He alleges that he served four and a half years in prison because of defendants’ constitutional errors, and seeks substantial damages.

On motion of defendants, the district court dismissed the action as time-barred because it was not filed within two years of the time Rosales-Martinez learned that the confidential informant had an extensive criminal history which had not been produced to him. We reverse and remand.…