David Cantarella v. David Kuzemchak

36 F.3d 1102 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David CANTARELLA, Plaintiff-Appellant, v. David KUZEMCHAK, et al., Defendants-Appellees. No. 93-16333. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 29, 1994. Before: SNEED, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 David Cantarella appeals pro se the district court's dismissal of his 42 U.S.C. Sec. 1983 action as time barred. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm in part, vacate in part, and remand. 1 3 * Background 4 On January 13, 1990, Cantarella was arrested and imprisoned on criminal charges of false imprisonment and sexual penetration. He was acquitted on March 28, 1990. 5 On March 17, 1992, Cantarella filed a complaint against two police officers, the alleged victim, Wendy Lyn Gay, and Doe defendants 1-10. In the complaint, Cantarella alleged that the defendants had falsely arrested, imprisoned, and maliciously prosecuted…