Eric Vongrastic Logan v. City of San Diego Two Unknown Police Officers San Diego Police Department

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Eric Vongrastic LOGAN, Plaintiff-Appellant, v. CITY OF SAN DIEGO; Two Unknown Police Officers; San Diego Police Department, Defendants-Appellees. No. 94-55141. United States Court of Appeals, Ninth Circuit. Submitted Oct. 4, 1994. * Decided Oct. 6, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Eric Vongrastic Logan appeals pro se the district court's Fed.R.Civ.P. 12(b)(6) dismissal of his 42 U.S.C. Secs. 1983 and 1985(3) civil rights action against the City of San Diego, two unknown Police Officers and the San Diego Police Department ("defendants"). Logan alleged that police officers violated his First, Fourth, Fifth and Fourteenth Amendment rights by using excessive force during the course of his arrest. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 We review de novo the district court's rulings on the appropriate statute of limitations. Miller…