Mark MacY v. Dan Howard

MEMORANDUM

Mark Marion Macy appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging constitutional violations resulting from a police car chase that culminated in the death of Macy’s wife. .We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Hamilton v. Brown, 630 F.3d 889, 892 (9th Cir.2011) (dismissal under 28 U.S.C. § 1915A); Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998) (order) (dismissal under 28 U.S.C. § 1915 (e)(2)). We affirm.

The district court properly dismissed Macy’s § 1983 claims against defendants Howard and Lind on the basis of acts that occurred on February 7, 2011, as barred by the applicable two-year statute of limitations. See Idaho Code Ann. § 5-219 (4) (two-year statute of limitations for personal injury actions); 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 and federal law for determining accrual; a § 1983 claim accrues when the plaintiff knows or has reason to know of the injury that forms the basis of the action). Contrary to Macy’s contentions, Macy is not entitled to equitable tolling…