Ejikeme

Ejikeme v. Reddington

Good Law
32 F. App'x 322
United States Court of Appeals for the Ninth CircuitMarch 7, 2002No. 00-56782; D.C. No. CV-99-04090-WJRCalifornia602 words

Opinion

Lead Opinion

MEMORANDUM *

Michael E. Ejikeme (“Ejikeme”) appeals a summary judgment in favor of defendant Sergeant Chris Reddington (“SgtReddington”) on a 42 U.S.C. § 1983 claim arising from an arrest made on August 30, 1996. The district court held that the claim is time-barred and that Sgt. Reddington is entitled to qualified immunity. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We agree that the claim is time-barred and affirm the district court on that basis.

We review the district court’s grant of summary judgment de novo. Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc). We determine, viewing the evidence in the light most favorable to Ejikeme, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law. See id.

Section 1983 itself does not contain a statute of limitations. The Supreme Court holds that all § 1983 claims are subject to the forum state’s statute of limitations for tort actions for the recovery of damages for personal injuries. Wilson v. Garcia, 471 U.S. 261, 276 , 105 S.Ct. 1938 , 85 L.Ed.2d 254 (1985). A one-year statute of limitations applies to all § 1983 claims brought in…

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