Tworivers

Plaintiff Appellant Christian Weaver TwoRivers, an Arizona prisoner, appeals the district court’s dismissal of his 42 U.S.C. § 1983 claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure, on grounds that he failed to file suit within the applicable two year statute of limitations. TwoRivers’ claim is time barred unless he can obtain the benefit of a provision under Arizona law which tolled the two year limitations for Arizona prisoners until after discovery of the prisoner’s right to sue. Such statutory grace existed at the time TwoRivers discovered his right to bring his § 1983 action. However, before TwoRivers filed suit, Arizona amended its law deleting this grace period and requir *990 ing prisoners to bring their action within two years from the date of accrual. We conclude that the amended statute does not apply retroactively to bar TwoRivers’ suit, and, therefore, we reverse and remand.

I. FACTS AND PROCEDURAL BACKGROUND

TwoRivers’ § 1983 claim arose from alleged deliberate indifference to his serious medical needs by Arizona Department of Corrections (“ADOC”) employees after TwoRivers underwent a surgical procedure to remove a cancerous growth while…