Narrative Opinion Summary
Fritz Ott and Bill Frisbie appeal the dismissal with prejudice of their complaint against the Securities and Exchange Commission, the Department of Justice, the FBI, and individual employees. The complaint, which alleges violations of the United States Constitution and various federal and state statutes related to a government investigation and prosecution involving National Real Estate Fund and Capital Planning Associates, was dismissed by the district court due to the statute of limitations. The court determined that the last alleged federal defendant activity occurred over eight years prior, and Ott and Frisbie did not provide justification for their delay in filing. Consequently, the Ninth Circuit affirms the district court's dismissal of the amended complaint. The case was deemed suitable for decision without oral argument, and the disposition is not published and cannot be cited except under specific circumstances.
Legal Issues Addressed
Affirmation of Dismissal by Appellate Courtsubscribe to see similar legal issues
Application: The Ninth Circuit Court of Appeals affirmed the district court's dismissal of the complaint based on the statute of limitations.
Reasoning: Consequently, the Ninth Circuit affirms the district court's dismissal of the amended complaint.
Statute of Limitationssubscribe to see similar legal issues
Application: The court applied the statute of limitations to dismiss the complaint as the last alleged activity by the federal defendants occurred over eight years prior to filing, and no justification for the delay was provided.
Reasoning: The complaint, which alleges violations of the United States Constitution and various federal and state statutes related to a government investigation and prosecution involving National Real Estate Fund and Capital Planning Associates, was dismissed by the district court due to the statute of limitations.
Unpublished Dispositions and Citation Restrictionssubscribe to see similar legal issues
Application: The court's decision is not published and may not be cited except under specific circumstances, indicating restrictions on using this case as a precedent.
Reasoning: The case was deemed suitable for decision without oral argument, and the disposition is not published and cannot be cited except under specific circumstances.