Rodney Rhodes v. Treaver Miller

MEMORANDUM

Former Alaska state prisoner Rodney R. Rhodes appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging, among other things, unlawful arrest and unlawful search and seizure, and related state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal of an action as barred by the applicable statute of limitations. Johnson v. Lucent Techs. Inc., 653 F.3d 1000, 1005 (9th Cir.2011). We affirm.

The district court properly dismissed Rhodes’ federal constitutional and state law claims arising from his allegedly unlawful arrest and an allegedly unlawful search and seizure because Rhodes filed his complaint more than two years after these claims accrued. See Alaska Stat. § 09.10.070 (a)-(b) (two-year statute of limitations for personal injury claims and actions against police officers); Knox v. Davis, 260 F.3d 1009, 1012-13 (9th Cir.2001) (for § 1983 claims, federal courts apply the forum state’s personal injury statute of limitations; a § 1983 claim accrues when the plaintiff knows or has reason to know of the injury that forms the basis of the action); Sengupta v. Univ. of Alaska, 21 P.3d 1240, 1249…