McCulley

McCulley v. City of Tucson

Good Law
68 F. App'x 91
United States Court of Appeals for the Ninth CircuitJune 19, 2003No. 02-16677; D.C. No. CV-98-00371-RCCCalifornia427 words

Opinion

Lead Opinion

MEMORANDUM **

Dennis David McCulley appeals pro se the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that the Tucson Police Department violated his rights under the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act, when police officers shot him after he threatened them with a knife. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994) (per curiam). We affirm.

Because McCulley failed to file his action within two years of when he knew or should have known of his injuries, the district court properly dismissed his action as time-barred. See TwoRivers v. Lewis, 174 F.3d 987, 991 (9th Cir.1999) (applying a two-year statute of limitations to 42 U.S.C. § 1983 claims brought in Arizona); see also Madden-Tyler v. Maricopa County, 189 Ariz. 462 , 943 P.2d 822, 829 (1997) (applying two-year statute of limitations to ADA and Rehabilitation Act claims).

The district court properly determined that McCulley was not entitled to tolling of the limitations period based on an unsound mind because it appears from the record that at the time the causes of action accrued, McCulley…

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