Tracey Brown v. Gary Torsky

MEMORANDUM

Tracey Brown appeals the district court’s dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of federal and state claims relating to a search of his home that Las Vegas Metropolitan Police Department officers conducted in 2005. Specifically, Brown argues that his claims under 42 U.S.C. §§ 1983 and 1985 and Nevada state law for malicious prosecution should survive dismissal due to the doctrine of equitable tolling. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The parties agree on appeal that Brown’s §§ 1983 and 1985 claims and his claim for malicious prosecution under Nevada state law are all subject to two-year statutes of limitations. See Jones v. Blancis, 393 F.3d 918, 927 (9th Cir. 2004); Perez v. Seevers, 869 F.2d 425, 426 (9th Cir. 1989); Nev. Rev. Stat. 11.190(4)(c); Nev. Rev. Stat. 11.190(4)(e). They also agree that these claims accrued no later than August 3, 2009, the date on which the Nevada Supreme Court overturned his initial state conviction due' to the illegality of the 2005 search. See Wallace v. Koto, 549 U.S. 384, 389-90 , 127 S.Ct. 1091 , 166 L.Ed.2d 973 (2007). Brown’s claims are untimely because he first filed them on…