Garden

Garden v. Hawley

Good Law
104 F. App'x 2
United States Court of Appeals for the Ninth CircuitJune 17, 2004No. 03-35152; D.C. No. CV-01-02149-TSZCalifornia656 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff Christopher A. Garden brought this 42 U.S.C. § 1983 action against the Island County Sheriff’s Office (“ICSO”), Sheriff Michael Hawley, and Chief Deputy Sheriff Jan Smith (collectively, “Defendants”). 1 Plaintiff claims that Defendants (1) violated his federal due process rights by demoting and refusing to promote him and (2) violated his federal and Washington state privacy rights by investigating his personal and/or sexual activities.

We review de novo the district court’s January 24, 2003 order granting Defendants summary judgment. Simo v. Union of Needletrades, Indus. & Textile Employ *4 ees, 322 F.3d 602 , 609-10 (9th Cir.2003). For the following reasons, we AFFIRM the district court.

The district court properly concluded that all of Garden’s claims based on events occurring prior to December 26, 1998 — namely, the first investigation and Garden’s demotion from lieutenant to patrol deputy — were time-barred by Washington’s three-year statute of limitations. See RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1058 (9th Cir.2002). The continuing violation doctrine does not salvage these claims because the events on which they are based were…

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