Hunter

Hunter v. Meyer

Good Law
63 F. App'x 990
United States Court of Appeals for the Ninth CircuitMay 21, 2003No. 02-55708California491 words

Opinion

Lead Opinion

MEMORANDUM **

Wesley Wade Hunter, a California state prisoner, appeals pro se the district court’s judgment dismissing as untimely his 42 U.S.C. § 1983 action alleging excessive force and harassment. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s judgment dismissing on statute of limitations grounds, Ellis v. City of San Diego, 176 F.3d 1183, 1188 (9th Cir.1999), and we affirm.

Hunter filed this action in July 2000, alleging prison officials beat and harassed him in August 1996. 1 The district court properly dismissed Hunter’s claims against prison officials as untimely because Hunter filed his claims more than three years after he knew of his injury. See id. at 1188-89 (applying a one-year statute of limitations to 42 U.S.C. § 1983 actions in California); Elliott v. City of Union City, 25 F.3d 800, 802-03 (9th Cir.1994) (holding a cause of action accrues when plaintiff has reason to know of his injury); Cal.Code. Civ. Proc. § 352.1 (tolling statute of limitations for two years where plaintiff incarcerated for a term less than life).

Hunter also alleged police officers used excessive force in arresting him for robbery in July 1996. Hunter…

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