Chang

Chang v. Sonoma County

Good Law
97 F. App'x 116
United States Court of Appeals for the Ninth CircuitApril 29, 2004No. 03-15399; D.C. No. CV-02-04581-EDLCalifornia526 words

Opinion

Lead Opinion

MEMORANDUM *

Marina Chang and Craig S. Harrison appeal a magistrate judge’s grant of summary judgment upon their claims of constitutional rights violations. The facts are known to the parties, and we recite them here only as necessary. The magistrate judge correctly ruled that Appellants’ claims fell under 42 U.S.C. § 1983 and were therefore barred by California’s one-year statute of limitations. Accordingly, we affirm.

Appellants claim the Bennett Valley Design Review Committee, acting under the authority of Sonoma County, California, violated their constitutional rights of equal protection, procedural due process, the Fourteenth Amendment right to travel, Article IV privileges and immunities, and their right to be free from racial discrimination. These claims are necessarily brought under § 1983, 2 which does not contain a statute of limitations. ‘When Congress has not established a time limitation for a federal cause of action, the settled practice [is] to adopt a local time limitation as federal law....” 3 For § 1983 actions brought in California, this court has adopted the one-year statute of limitations for personal injury claims set forth in California Code of Civil…

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