Rudy Campos v. City of Irwindale

MEMORANDUM

Rudy Campos appeals the district court’s grant of summary judgment in favor of Mario Camacho and the City of Irwindale in this § 1983 action. Campos claims that Camacho and the City of Ir-windale wrongfully retaliated against him for exercising his First Amendment rights at a meeting of the Irwindale Police Officers’ Association (IPOA) on July 3, 2008. Campos asserts that the retaliatory acts took two forms: (1) poor performance evaluations, and (2) withholding of overtime shifts. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

1. The district court properly excluded the asserted adverse employment actions that occurred before July 5, 2010, due to California’s two-year statute of limitations for § 1983 claims. Action Apartment Ass’n v. Santa Monica Rent Control Bd., 509 F.3d 1020, 1026-27 (9th Cir.2007). Campos did not file his complaint until July 5, 2012, even though he claims to have experienced discrete retaliatory acts as early as August 2008. While Campos describes a series of discrete retaliatory acts, spanning several years, only those acts occurring within the two-year statute of limitations are actionable. See Nat’l R.R. Passenger Corp. v.…