Pedigo

Pedigo v. County of Los Angeles

Good Law
24 F. App'x 779
United States Court of Appeals for the Ninth CircuitDecember 17, 2001No. 00-55660; D.C. No. CV-99-9298 RSWLCalifornia1,788 words

Opinion

Lead Opinion

MEMORANDUM ***

Plaintiff Sherry Lynn Pedigo appeals the district court’s dismissal of her civil rights claims under 42 U.S.C. § 1983 and related state law claims on the grounds that all of her claims were barred by the applicable statutes of limitations. Pedigo alleged that Defendants Carlos Verimendi and Moses Barraza violated her Fourth and Fourteenth Amendment rights when they stopped her, searched her car, and issued her a traffic citation all without probable cause on February 26, 1998. On appeal, Pedigo contends that she alleged an ongoing conspiracy to violate her civil rights, which rendered her federal conspiracy claim timely. She also argues that Defendants are estopped from asserting, or waived their right to assert, the statute of limitations as a defense to her federal claims. Additionally, she asserts that the difference in the statute of limitations for her federal and state law claims violates federal law. Pedigo further contends that the district court abused its discretion in denying her leave to amend her federal claims. Finally, she asserts that the state law claims were timely, and thus the district court erred in dismissing those claims.

We agree with the…

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