Mills
Mills v. Anderson
Opinion
Lead Opinion
MEMORANDUM *
Pauline K. Mills (“Mills”) brought suit for damages arising out of her medical leave/suspension from the University of Nevada School of Medicine (“UNSOM”). The district court granted defendants’ motion to dismiss.
We review de novo a district court’s grant of a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). ASW v. Oregon, 424 F.3d 970 , 974 (9th Cir.2005). The review is based on the contents of the complaint, the allegations of which we accept as true and construe in the light most favorable to the plaintiff. Knox v. Davis, 260 F.3d 1009, 1012 (9th Cir.2001). Claims in a complaint may not be dismissed as untimely on a 12(b)(6) motion unless it is certain on the face of the complaint that the claim is time-barred. Vaughan v. Grijalva, 927 F.2d 476, 480 (9th Cir.1991).
Generally, “a statute of limitations period is triggered by the decision constituting the discriminatory act and not by the consequences of that act.” McCoy v. San Francisco, 14 F.3d 28, 30 (9th Cir.1994) (citing Del. State Coll. v. Ricks, 449 U.S. 250, 257-58 , 101 S.Ct. 498 , 66 L.Ed.2d 431 (1980)). “[A] cause of action generally accrues when a plaintiff knows or has reason to know…