Carter

MEMORANDUM **

Jonathan Carter appeals the district court’s order granting the Family and Child Treatment of Southern Nevada (“FACT”) and Clark County’s motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). We affirm the dismissal of Clark County, but reverse and remand the dismissal of FACT. Because the parties are familiar with the factual and procedural history, we will not recount it here.

Clark County asserts that Carter’s claims are barred by Nevada’s statute of limitations and that Clark County is entitled to absolute immunity. We affirm the district court’s decision that Carter’s claims are barred by the statute of limitations. Carter is unable to take advantage of Nevada’s tolling exception embodied in the “discovery rule” because the uncontroverted evidence — namely the fact that he filed a Motion for Psychological Examination of Alleged Victim during the pendency of his criminal case — indicates that he knew or should have known about the purportedly withheld information regarding his sister’s mental and/or emotional problems. See Orr v. Bank of Am., NT & SA, 285 F.3d 764, 780 (9th Cir.2002) (citing Siragusa v. Brown, 114 Nev. 1384, 1400-01 , 971 P.2d 801…