Silva
Silva v. Crain
Opinion
Lead Opinion
Fernandez, J.
David Minton Silva appeals the district court’s determination that his action under 42 U.S.C. § 1983 is barred by California’s general residual one year statute of limitations for tort actions. See Cal.Civ.Proc.Code § 340(3). He asserts that the statute of limitations which applies when damage claims are presented to public agencies should be used. See Cal. Gov’t Code §§ 945.6(a), 950.6(b). We affirm.
BACKGROUND
Silva was ejected from a public meeting of the City Council of Santa Cruz, California, on September 10, 1996. He alleges that he was handled roughly and that his constitutional rights were thereby violated. He presented a claim for damages to the City, which it rejected on April 28, 1997. He then waited until October 27, 1997 to file this § 1983 action against the City, the mayor, who had ordered the council chamber cleared, and the officer who allegedly manhandled him. 1 The *610 district court ordered the case dismissed because it was barred by the statute of limitations and Silva appealed.
JURISDICTION AND STANDARD OF REVIEW
The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331 , 1343. We have jurisdiction pursuant to 28 U.S.C. § 1291 .