Palazzolo

Palazzolo v. Sonne

Good Law
221 F. App'x 516
United States Court of Appeals for the Ninth CircuitFebruary 20, 2007No. 05-15389California508 words

Opinion

Lead Opinion

MEMORANDUM *

Joe Palazzolo appeals the district court’s grant of summary judgment in favor of Monterey County, the City of Sand City, *517 and several individuals named in Palazzolo’s 42 U.S.C. § 1983 complaint. The district court concluded that Palazzolo’s § 1983 claims were barred by the statute of limitations. We reverse.

State law determines the statute of limitations period for actions brought under 42 U.S.C. § 1983 . Usher v. City of Los Angeles, 828 F.2d 556, 558 (9th Cir.1987). California’s one-year statute of limitations for personal injury actions applies to Palazzolo’s § 1983 claims. See Cervantes v. City of San Diego, 5 F.3d 1273, 1275 (9th Cir.1993); Cal. Civ. Proc. § 340(3). Federal law determines the point at which the limitations period begins to run. McCoy v. City & County of S.F., 14 F.3d 28, 29 (9th Cir.1994) (citation omitted).

Palazzolo argues that the statute of limitations began to run — i.e., the final decision was made — when the Monterey County Board of Supervisors adopted the arbitrator’s award. We agree. A cause of action accrues “when a plaintiff knows or has reason to know of the injury which is the basis of his action.” Id. (citation omitted).…

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