Reuter
Reuter v. Santa Clara County
Opinion
Lead Opinion
MEMORANDUM **
Jose F. Reuter appeals pro se the district court’s dismissal of his 42 U.S.C. § 1983 action alleging that various county and city officials violated his rights while conducting a child welfare investigation. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the dismissal of a complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6), see Kimes v. Stone, 84 F.3d 1121, 1126 (9th Cir.1996), and we affirm.
The district court properly dismissed Reuter’s section 1983 claim as barred by California’s one-year statute of limitations because Reuter filed his action more than a year after the allegedly improper child welfare investigation. See Daviton v. Columbia/HCA Healthcare Corp., 241 F.3d 1131, 1135 (9th Cir.2001) (en banc).
Reuter’s argument that the statute of limitations was tolled under California Government Code Section 945.3 is unavailing because he raises it for the first time on appeal. See Yeti By Molly, Ltd. v. Deckers Outdoor Corp., 259 F.3d 1101, 1108 (9th Cir.2001).
The district court properly dismissed Reuter’s claim that the juvenile court and the California Court of Appeals improperly denied him custody of his grandniece…