Bollinger

Bollinger v. Oregon State Board of Parole & Post-Prison Supervision

Good Law
86 F. App'x 259
United States Court of Appeals for the Ninth CircuitDecember 22, 2003No. 02-35685; D.C. No. CV-01-01604-GMKCalifornia774 words

Opinion

Lead Opinion

*261 MEMORANDUM *

Edward Bollinger, a state prisoner who disagreed with state officials about his right to refuse release on parole, sued the Oregon State Board of Parole and Post-Prison Supervision, et al. (the “Board”), to recover damages under 42 U.S.C. § 1983 . The district court granted the Board’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss, ruling that the statute of limitations barred Bollinger’s action and that the Board was entitled to qualified immunity. Because neither ground relied upon by the district court can be sustained, we reverse and remand for further proceedings.

The statute of limitations for filing a § 1983 action is determined by the forum state’s statute of limitations for personal injury actions. Knox v. Davis, 260 F.3d 1009, 1012-13 (9th Cir.2001) (citing Wilson v. Garcia, 471 U.S. 261, 276 , 105 S.Ct. 1938 , 85 L.Ed.2d 254 (1985)). Under Oregon law, the statute of limitations for a personal injury action is two years. Or. Rev.Stat. § 12.110(1) (2001); see also Sain v. City of Bend, 309 F.3d 1134, 1139 (9th Cir.2002). Although state law determines the statute of limitations, federal law dictates when the claim accrues. Morales v. City…

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