Rex Milton Rose v. Joseph C. Rinaldi

Rex Rose appeals from a district court order dismissing his 42 U.S.C. § 1983 civil rights action as time-barred by the State of Washington’s two-year statute of limitations. He argues that the district court applied the wrong limitations statute to his Section 1983 action. We agree, and accordingly, we reverse the order of the district court.

Rose was stabbed by William Tatsumi on February 19, 1975, while both were participants in a prisoner release program at the University of Washington. Appellee Joseph Rinaldi was a párole officer assigned to the program. On July 18, 1977, Rose filed an action for damages against Rinaldi pursuant to 42 U.S.C. § 1983 . He alleged that Rinaldi violated his civil rights by disclosing information to Tatsumi which precipitated the attack. The matter was referred to a magistrate who characterized Rose’s cause of action as one for assault and concluded that the claim was barred by Washington’s two-year statute of limitations applicable to assault actions. The district court adopted the conclusion of the magistrate and dismissed the complaint as time-barred.

Rose contends on appeal that the district court erred in dismissing his claim because it…