Dennis Sharkey v. Eral O'Neal

Dennis Sharkey appeals from an order of the district court dismissing as time-barred his claims under Title II of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act, and various provisions of the Constitution pursuant to 42 U.S.C. § 1983 . The district judge applied California’s two-year statute of limitations for personal injury claims to all of Sharkey’s claims. With respect to Shar-key’s claim under Title II of the ADA, we hold that the district court did not apply the correct statute of limitations. District courts must borrow the three-year limitations period applicable to claims under California Government Code § 11135, rather than the limitations period applicable to personal injury claims in California. Under this three-year limitations period, Sharkey’s ADA claim is not time-barred. With respect to his other claims, Sharkey does not contest the applicable limitations periods, but we hold that the district court abused its discretion in dismissing the complaint with prejudice without affording Sharkey leave to amend.

BACKGROUND

Sharkey is a 55-year-old man with disabilities that require him to use a wheel chair and two canes. In late…