Russell Bailey v. U.S. Customs Service

Good Law
999 F.2d 542·1993 WL 263455·1993 U.S. App. LEXIS 25500
United States Court of Appeals for the Ninth CircuitJuly 13, 199392-56258California321 words

Opinion

Opinion

999 F.2d 542 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Russell BAILEY, Plaintiff-Appellant, v. U.S. CUSTOMS SERVICE, Defendant-Appellee. No. 92-56258. United States Court of Appeals, Ninth Circuit. Submitted July 6, 1993. * Decided July 13, 1993. Before TANG, POOLE and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Russell Bailey appeals pro se the district court's dismissal of his Bivens 1 action as barred by the statute of limitations. In his action, Bailey alleged that an employee of the U.S. Customs Service falsely imprisoned and sexually abused him during a routine port-of-entry search. We review de novo, Klarfeld v. United States, 944 F.2d 583, 585 (9th Cir.1991) (per curiam), and affirm. 3 The statute of limitations for Bivens actions is determined by looking to the appropriate state's statute of limitations for personal injuries. Van Strum v. Lawn, 940 F.2d 406, 409-10 (9th Cir.1991). Here, California's one-year personal injury statute of limitations applies. See…

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