Harvey

Harvey v. Judge

Good Law
321 F. App'x 633
United States Court of Appeals for the Ninth CircuitApril 6, 2009No. 07-55686California464 words

Opinion

Lead Opinion

MEMORANDUM **

Russel Harvey appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging misconduct by defendants concerning his previous criminal conviction. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissal for failure to state a claim, Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004), and summary judgment, Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001), and we affirm.

The district court properly dismissed the claim against defendant Deputy Public Defender Patricia Brown as barred by the statute of limitations. See Cal. Civ. P.Code § 340.6 (limiting filing time to either one year from the date of discovery of the negligent act or four years from the date of the wrongful act, whichever occurs first); Carlson v. Blatt, 87 Cal.App.4th 646 , 105 Cal.Rptr.2d 42, 44 (2001) (commencing statute of limitations at the time of sentencing).

The district court properly granted summary judgment to Los Angeles County because Harvey failed to present evidence that the County had a policy or practice which led to a violation of his constitutional rights. See City of Canton, Ohio v. Harris, 489 U.S. 378, 391 , 109 S.Ct.…

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