John Doe v. Kaweah Delta Hospital

MEMORANDUM

John Doe appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that defendants’ public disclosure of his medical information violated his right to privacy and various state laws. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment and its statute of limitations determination. Hernandez v. Spacelabs Med. Inc., 343 F.3d 1107, 1112 (9th Cir.2003). We may affirm on any ground supported by the record. Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir.2008). We affirm in part, reverse in part, and remand.

The district court granted summary judgment on the ground that Doe’s claims were barred by the statute of limitations. Viewing the evidence in the light most favorable to Doe, he learned of Breseman’s latest disclosure of his medical information in fall 2005. Doe then filed an administrative claim on October 10, 2007, possibly within the two-year limitations period. See Canatella v. Van De Kamp, 486 F.3d 1128, 1132 (9th Cir.2007) (forum state’s statute of limitations for personal injury actions, which is two years in California, applies to § 1983 claims); O’Connor v.…