Gallardo

Gallardo v. United States

Good Law
755 F.3d 860·2014 WL 1424469·2014 U.S. App. LEXIS 6964
United States Court of Appeals for the Ninth CircuitApril 15, 2014No. 12-55255California2,004 words

Opinion

Lead Opinion

Fletcher, J.

ORDER AND AMENDED OPINION

ORDER

The court’s opinion, filed April 15, 2014, and published at Gallardo v. United States, 2014 WL 1424469 (9th Cir. Apr. 15, 2014), is hereby amended as follows:

The first two paragraphs of Part III.B previously read:

Gallardo v. United States, No. 12-55255, slip op. 9 (9th Cir. Apr. 15, 2014). The opinion is amended so that these two paragraphs now read:

Future petitions for rehearing will not be entertained.

OPINION

Plaintiff Maritza Gallardo appeals from the district court’s dismissal of her Federal Tort Claims Act (“FTCA”) action against the United States as time-barred. Gallar-do’s claim arose out of an alleged sexual assault committed by a sergeant in the U.S. Marine Corps (“the Corps”) while he was on a recruitment detail at her middle school. .Gallardo did not file an administrative claim for negligence against the Corps until four years after the assault. The FTCA’s statute of limitations is two years unless tolled. 28 U.S.C. § 2401 (b).

While this appeal was pending, we decided Wong v. Beebe, 732 F.3d 1030 (9th Cir.2013) (en banc), holding that equitable tolling of the statute of limitations is available in FTCA actions. See id. at…

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