Thomas

MEMORANDUM *

Thomas appeals from the district court’s grant of County of Maui’s motion to dismiss for failure to state a claim and grant of summary judgment for the remaining appellees. Thomas alleges that the County violated his right to privacy under the federal Constitution, Hawaii’s constitution, principles of common law tort, and state statutes, but the district court ruled that his claims were barred by a two-year statute of limitation. The facts are known to the parties. They are not discussed here except as necessary.

The County urges that Hawaii’s two-year statute of limitation for personal injury claims bars the action entirely. First, as against the County of Maui, Thomas brought a 42 U.S.C. § 1983 suit for violating his constitutional right to privacy. Hawaii imposes a two-year statute of limitations to personal injury claims, HAW. REV. STAT. § 657-7, which also applies to claims brought under § 1983. Wilson v. Garcia, 471 U.S. 261, 268 , 105 S.Ct. 1938 , 85 L.Ed.2d 254 (1985) (state’s personal injury statute of limitations applies to § 1983 claims); Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir. 1995) (per curiam) (statute of limitations for § 1983…