Williford

Williford v. City of Portland

Good Law
320 F. App'x 513
United States Court of Appeals for the Ninth CircuitMarch 20, 2009No. 07-36010California530 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Kay Williford appeals from the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6) of her federal and state law claims against Defendants City of Portland, Multnomah County, and police officer Klundt, 1 as barred by the Oregon statute of limitations. Reviewing de novo, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), we affirm in part, reverse in part, and remand.

The district court dismissed the federal claims on the ground discussed below and dismissed the state-law claims on a different ground. On appeal, Plaintiff challenges only the dismissal of the federal claims. We therefore affirm the dismissal of all state-law claims. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (“[O]n appeal, arguments not raised by a party in its opening brief are deemed waived.”).

The district court erred, however, in dismissing the federal claims against De *515 fendants City of Portland, Multnomah County, and Officer Klundt. 2 A second complaint is timely under Oregon Revised Statutes section 12.220(1) if, among other requirements, “the defendant had actual notice of the filing of the original action not later than 60 days after the action…

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