Carpenter

Kuo Yang Hsue v. Carpenter

Good Law
118 F. App'x 321
United States Court of Appeals for the Ninth CircuitJanuary 13, 2005No. 03-35741; D.C. No. CV-02-03051-RHWCalifornia331 words

Opinion

Lead Opinion

MEMORANDUM **

Kuo Yang Hsue appeals pro se the district court’s summary judgment dismissing his civil rights action alleging that the City of Ellensburg and its agents violated his constitutional rights and failed to comply with the Washington Public Disclosure Act. We have jurisdiction under 28 U.S.C. § 1291 . After de novo review, Arpin v. Santa Clara Valley Transp. Agency, 261 F.3d 912 , 919 (9th Cir.2001), we affirm.

Contrary to Hsue’s contention, his 42 U.S.C. § 1983 claim predicated on the disruption of his water service accrued on February 4, 1999, when the water service was terminated. See RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1058-59 (9th Cir.2002) (claim accrues when the “operative decision” is made, not when the “inevitable consequences” result). The “continuing violation” doctrine does not render this claim timely simply because his water service was not reconnected until February 25, 1999. See Knox v. Davis, 260 F.3d 1009, 1013 (9th Cir.2001) (“mere continuing impact from past violations is not actionable”) (emphasis in original). Thus, the district court properly granted summary judgment on this claim. See RK Ventures, 307 F.3d at 1058-62 .

The…

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