Feurtado

Feurtado v. Dunivant

Good Law
244 F. App'x 81
United States Court of Appeals for the Ninth CircuitJune 12, 2007No. 06-56496California340 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Anthony Feurtado appeals from the district court’s dismissal of his case. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

In a response to this court’s order to show cause, appellant purports to raise claims under the Federal Tort Claims Act (“FTCA”). Two-year statutes of limitations govern these claims. See 28 U.S.C. § 2401 (b). FTCA claims accrue as a matter of federal law “when a plaintiff knows that he has been injured and who has inflicted the injury.” Winter v. United States,. 244 F.3d 1088, 1090 (9th Cir.2001).

*82 Appellant states that his action is predicated on his being wrongfully arrested, detained and transferred from California to South Carolina. False arrest claims require “detention without legal process” and accrue once legal process is initiated. Wallace v. Kato, — U.S. —, 127 S.Ct. 1091, 1095, 1096 , 166 L.Ed.2d 973 (2007). Even assuming that appellant was initially detained without legal process, his claim accrued at the latest when appellant was reindicted on April 3,1996. Appellant presented his FTCA claims in 2004, and thus his claims are barred by the two-year statute of limitations. See 28 U.S.C. § 2401 (b).

To the…

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