Norman Strung and Priscilla A. Strung v. L. D. W. Anderson

This is an appeal from a judgment dismissing appellants’ civil rights action ( 42 U.S.C. § 1983 ) on the ground that the cause was barred by limitations. The applicable limitations statute is the Montana statute imposing a two-year limitation upon an action upon a liability created by statute. (R.C.M.1947, § 93-2607(1); Ney v. State of California (9th Cir. 1971) 439 F.2d 1285 ; Donovan v. Reinbold (9th Cir. 1970) 433 F.2d 738 ; Smith v. Cremins (9th Cir. 1962) 308 F.2d 187 . The Montana statute is the same as the California statute applied in Ney, Donovan, and Smith, except that the California statute provides a three-year limitation.)

On August 7, 1969, appellants filed their complaint charging appellees, who are respectively city police officers and members of the sheriff’s office, with violating their civil rights by conducting a constitutionally impermissible search of their home on July 23, 1967, during the course of which marihuana was seized. On July 24, 1967, informations were filed in a state court in Montana charging appellants with illegal possession of marihuana. Appellants were released on bail July 25, 1967. Amended informations were filed against them on August 21,…