Ccsf

MEMORANDUM

Plaintiff Augustine Fallay appeals the district court’s dismissal of his Second Amended Complaint (“SAC”) with prejudice against (1) the United States and FBI Agents David Carr and Bruce Whit-ten (“Federal Defendants”), (2) the City and County of San Francisco, the San Francisco Department of Building Inspection, the San Francisco District Attorney’s Office, city employees Lawrence Badiner, Craig Nikitas, Amy Lee, Karla Johnson, and Raymond Tang (collectively, “City Defendants”), (3) First American Specialty Insurance Company and its employees Robert Dalton and Cindy Lloyd (“FASIC Defendants”), and (4) Tony Fu and Crystal Lei, private citizens and alleged developers of property. For the reasons set forth below, we affirm in part, reverse in part, and remand for further proceedings.

I. Federal Defendants

As to Federal Defendants David Carr and Bruce Whitten, we reverse the district court’s order dismissing the SAC with prejudice because Fallay could have amended his SAC to allege a Bivens action for malicious prosecution. Fallay’s Bivens claim for malicious. prosecution was not barred by the statute of limitations because it did not accrue until after the state court…