Narrative Opinion Summary
Cyrus N. Plush, a prisoner in Washington state, appeals the dismissal of his 42 U.S.C. § 1983 action, which alleged excessive force by juvenile detention center employees. The district court found the claim time-barred, and the appellate court has jurisdiction under 28 U.S.C. § 1291. The dismissal is reviewed de novo regarding statute of limitations issues. The court affirmed the dismissal, stating that Plush's claims were filed more than three years after they accrued, in accordance with Washington state law (Wash. Rev. Code § 4.16.080(2) and § 4.16.190). Plush's argument for tolling the statute of limitations due to periods of incarceration was rejected, as he did not provide evidence to support equitable tolling or estoppel. The appellate court's decision is not for publication and cannot be cited in future cases except under specific Ninth Circuit rules.
Legal Issues Addressed
Applicability of Statute of Limitations in Civil Rights Claimssubscribe to see similar legal issues
Application: The court applied the statute of limitations specific to Washington state to determine the timeliness of Plush's 42 U.S.C. § 1983 action.
Reasoning: The district court found the claim time-barred, and the appellate court has jurisdiction under 28 U.S.C. § 1291.
Equitable Tolling and Estoppel in Statute of Limitationssubscribe to see similar legal issues
Application: The court rejected Plush's argument for tolling based on incarceration, due to a lack of evidence supporting equitable tolling or estoppel.
Reasoning: Plush's argument for tolling the statute of limitations due to periods of incarceration was rejected, as he did not provide evidence to support equitable tolling or estoppel.
Non-Publication of Appellate Decisionssubscribe to see similar legal issues
Application: The decision of the appellate court in this case is not published and cannot be cited in future cases, except under Ninth Circuit rules.
Reasoning: The appellate court's decision is not for publication and cannot be cited in future cases except under specific Ninth Circuit rules.
Statute of Limitations for Personal Injury in Washington Statesubscribe to see similar legal issues
Application: Plush's claims were dismissed because they were filed more than three years after the alleged incident, adhering to the state's statute of limitations for personal injury claims.
Reasoning: The court affirmed the dismissal, stating that Plush's claims were filed more than three years after they accrued, in accordance with Washington state law (Wash. Rev. Code § 4.16.080(2) and § 4.16.190).