Montgomery v. Kingman Airport Authority, Inc.

MEMORANDUM **

Robert and Sandra Montgomery appeal from the district court’s partial summary judgment for Kingman Airport Authority, et al. (Kingman). The district court had jurisdiction under 28 U.S.C. §§ 1331 and 1367. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We agree with the reasoning of the district judge and affirm.

We will affirm the district court if the Montgomerys’ federal claims are barred by the statute of limitations. Because section 1983 contains no statute of limitations, we apply the statute of limitations applicable to personal injury claims in the state in which the claim accrued. Kimes v. Stone, 84 F.3d 1121, 1128 (9th Cir.1996). The Montgomerys’ claims accrued in Arizona, which applies a two-year statute of limitations to personal injury actions. Ariz.Rev. Stat. § 12-542.

The limitations period “accrues when a party knows or has reason to know of the injury” which forms the basis of the cause of action. Golden Gate Hotel Ass’n v. City & County of San Francisco, 18 F.3d 1482, 1486 (9th Cir.1994). The district court did not clearly err in determining that Robert Montgomery knew, or had reason to know, of the injury forming the basis of the federal…