[T][U] Logan v. City of San Diego - Ninth Circuit U.S. Court of Appeals

[T][U] Logan v. City of San Diego

By Ninth Circuit U.S. Court of Appeals

  • Release Date - Published: 1996-08-05
  • Book Genre: Law
  • Author: Ninth Circuit U.S. Court of Appeals
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[T][U] Logan v. City of San Diego Ninth Circuit U.S. Court of Appeals read online review & book description:

MEMORANDUM* Eric Vongrastic Logan, a California state prisoner, appeals pro se the district court's summary judgment dismissal of his 42 U.S.C. § 1983 action as barred by the statute of limitations. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a district court's ruling on the appropriate statute of limitations, Taylor v. University of California, 993 F.2d 710, 711 (9th Cir. 1993) (per curiam), cert. denied, 127 L. Ed. 2d 83, 114 S. Ct. 890 (1994), and we affirm. Federal courts apply the statute of limitations of the state in which the claim arises for section 1983 actions. Wilson v. Garcia, 471 U.S. 261, 269, 85 L. Ed. 2d 254, 105 S. Ct. 1938 (1985). State law also determines the application of tolling doctrines. Id. In California, the applicable statute provides for a limitations period of one year from the date the cause of action accrues. See Cal. Civ. Proc. Code § 340(3); Taylor, 993 F.2d at 711.

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