Feied

Feied v. Regents of the University of California

Good Law
188 F. App'x 559
United States Court of Appeals for the Ninth CircuitJune 20, 2006No. 04-17523California1,077 words

Opinion

Lead Opinion

MEMORANDUM *

Frederick Feied appeals the District Court’s dismissal of his 42 U.S.C. § 1983 action against the Regents of the University of California (Regents), the California Public Employees’ Retirement System (PERS), and their respective retirement *560 administrators for alleged Fifth and Fourteenth Amendment violations concerning the payment of retirement benefits. We affirm the District Court’s dismissal on the basis that Feied’s claims are time-barred. With respect to the Regents, Feied’s claims are also barred by the Eleventh Amendment.

We review de novo the dismissal of an action for failure to file within the applicable limitations period. Silva v. Crain, 169 F.3d 608, 610 (9th Cir.1999). We review questions of law de novo, United States v. Ziskin, 360 F.3d 934, 938 (9th Cir.2003), such as whether an entity is entitled to Eleventh Amendment immunity, Doe v. Lawrence Livermore Nat’l Lab., 131 F.3d 836 , 838 (9th Cir.1997).

I.

Feied filed his § 1983 action with the District Court on June 29, 2004. Section 1983 claims are characterized as personal injury claims. Silva, 169 F.3d at 610 . The statute of limitations for personal injury claims in California is two years.…

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