Norman Hubbs v. County of San Bernardino
Opinion
Opinion
MEMORANDUM
Norman James Hubbs, who is civilly committed in the State of California, appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging constitutional violations and violations of the Americans with Disabilities Act (“ADA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo summary judgment, Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004), and for an abuse of discretion the district court’s decision whether to apply equitable tolling or equitable estoppel, Leong v. Potter, 347 F.3d 1117, 1121 (9th Cir.2003). We affirm.
The district court properly granted summary judgment because Hubbs’s claims stemming from his incarceration at West Valley Detention Center, ending on May 2, 2006, were barred by the applicable two-year statute of limitations. See Jones, 393 F.3d at 927 (for § 1983 actions, “courts apply the forum state’s statute of limitations for personal injury actions, along with the forum state’s law regarding tolling”); Pic kern v. Holiday Quality Foods, Inc., 293 F.3d 1133 , 1137 n. 2 (9th Cir.2002) (California personal injury statute of limitations is applicable to ADA claims).