Michael Collins v. State of Washington

Good Law
520 F. App'x 577
United States Court of Appeals for the Ninth CircuitMay 23, 201312-35244California480 words

Opinion

Opinion

MEMORANDUM

Michael J. Collins appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that the State of Washington violated his due process rights in administering his workers’ compensation claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Brown v. City of Los Angeles, 521 F.3d 1238, 1240 (9th Cir.2008) (per curiam). We may affirm on any ground supported by the record. Van Asdale v. Int’l Game Tech., 577 F.3d 989, 994 (9th Cir.2009). We affirm.

The district properly granted summary judgment because Collins filed suit more than three years after his workers’ compensation claim closed in August 2007. See Wash. Rev.Code § 4.16.080(2) (three year statute of limitations for personal injury actions); Knox v. Davis, 260 F.3d 1009, 1012-13 (9th Cir.2001) (for § 1983 claims, federal courts apply the forum state’s personal injury statute of limitations and federal law for determining accrual). The district court correctly determined that the continuing violations doctrine was inapplicable. See Knox, 260 F.3d at 1013 (“[The] mere continuing impact from past violations is not actionable.” (emphasis, citations, and internal…

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