Lucchesi

Leroy Lucchesi, Sr. and Patricia Odom (collectively “plaintiffs”) appeal the district court’s summary judgment dismissing their action filed under 42 U.S.C. § 1983 against Bar-0 Boys Ranch, Del Norte County, and Allan Smith (collectively “defendants”). The district court granted summary judgment in favor of the defendants on the ground that the plaintiffs’ section 1983 claim was barred by the applicable statute of limitations. The court rejected the plaintiffs’ argument that the statute of limitations was equitably tolled during the time that they were pursuing a state tort claim under California law. The court determined that the doctrine of equitable tolling was inapplicable because the state tort claim and the section 1983 claim were “separate, distinct, and independent.”

We conclude that the plaintiffs are not barred from seeking relief from the statute of limitations under the doctrine of equitable tolling. The proper inquiry is whether the plaintiffs’ first claim (the state tort claim) and the second claim (the section 1983 claim) concern the same wrong, not whether the two claims are based upon the same law, involve similar procedures, or seek the same remedies. Because…