Handelman
Handelman v. City of Portland
Opinion
Lead Opinion
MEMORANDUM **
Daniel Handelman and Peace and Justice Works (hereinafter “Handelman”) appeal the district court’s conclusion that Handelman’s claim pursuant to 42 U.S.C. § 1983 against the City of Portland is barred by the two-year statute of limitations. Reviewing de novo, we affirm the district court’s summary judgment order.
Handelman claimed that the Portland Police Bureau (“PPB”) generated and maintained a report dated February 16, 1999, and other documents concerning his political views and activities in violation of Oregon Revised Statutes section 181.575 and in violation of his First and Fourteenth Amendment protections. Under the federal discovery rule, Handelman’s cause of action accrued, at the very latest, on September 21, 1999. On that date, Handelman filed a Motion for an Order to Show Cause in an Oregon state court case, Squirrel v. City of Portland, CY. No. 9411-08031, stating that the PPB “is currently maintaining non-criminal information on Mr. Handelman and his association.” Handelman filed this action more than two years later on July 10, 2002.
Handelman argues that his knowledge of the February 16 report does not equate to knowledge of the injury regarding…