Lathan

Lathan v. Vermillion

Good Law
118 F. App'x 163
United States Court of Appeals for the Ninth CircuitNovember 24, 2004No. 03-55291; D.C. No. CV-99-00707-FMCCalifornia774 words

Opinion

Lead Opinion

MEMORANDUM **

Reginald and Nancy Lathan, the husband and wife owners of several environmental businesses, including Chemtrans, a liquid bulk materials transportation company, appeal the district court’s grant of summary judgment for Perry Vermillion, a fire captain employed by the County of Los Angeles, in the city of Gardena. On appeal, the Lathans contend that the district court erred when it held that their civil rights suit under 42 U.S.C. § 1983 and other federal statutes was barred by the applicable one-year statute of limitations. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

This court reviews a grant of summary judgment on a statute of limitations ground in a § 1983 case de novo. Plumean v. School District # 40 County of Yamhill 130 F.3d 432 , 435 (9th Cir.1997); Harding v. Galceran, 889 F.2d 906, 907 (9th Cir.1989).

Yermillion came to the Lathans’ place of business on July 29, 1996, and June 5, 1997, with a fire crew to investigate complaints of noxious odors. The Lathans allege that thereafter they were subjected to repeated and continuous visits, inspections, and raids by the Los Angeles County Fire Department, including an August 14, 1997, raid,…

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