McCulley

McCulley v. City of Tucson

Good Law
89 F. App'x 21
United States Court of Appeals for the Ninth CircuitFebruary 12, 2004No. 02-16677; D.C. No. CV-98-00371-RCCCalifornia559 words

Opinion

Lead Opinion

ORDER

The unpublished memorandum disposition filed June 19, 2003 is withdrawn. A memorandum disposition filed concurrently with this Order is filed in its place.

Appellant’s petition for panel rehearing is denied.

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 and various individuals violated his constitutional rights, 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 in part, vacate in part and remand.

McCulley’s 42 U.S.C. § 1983 action arose from his September 7, 1995 arrest. On October 8, 1996, McCulley was convicted of aggravated assault. On August 10, 1998, McCulley brought his section 1983 action. On January 18, 2000, McCulley’s conviction was overturned.

We affirm the district court’s dismissal of McCulley’s ADA and Rehabilitation causes of action as barred by the statute of limitations. See Madden-Tyler v. Maricopa County,…

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