855 F. 2d 862 - Metzger v. City of Placerville
855 F2d 862 Metzger v. City of Placerville
855 F.2d 862
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Tom METZGER, Plaintiff-Appellant,
v.
CITY OF PLACERVILLE, Placerville City Police Department, Ted
Mertens, Gary Black, Placerville Police Officer
Association, Defendants-Appellees.
No. 87-2821.
United States Court of Appeals, Ninth Circuit.
Submitted July 21, 1988.*
Decided Aug. 2, 1988.
Before BRUNETTI, KOZINSKI and DAVID R. THOMPSON, Circuit Judges.
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MEMORANDUM**
Tom Metzger appeals the district court's dismissal of his claim under 42 U.S.C. Sec. 1983 (1987) as time-barred. We review de novo. Sanborn v. United States (In re Swine Flu Prods. Liab. Litig.), 764 F.2d 637, 638 (9th Cir.1985).
Metzger's claim accrued on January 30, 1984, before the Supreme Court's decision in Wilson v. Garcia, 471 U.S. 261 (1985); he did not file suit until after that decision. The limitations period therefore expired the earlier of one year from the date of Wilson or three years from the accrual of the cause of action. Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir.1987); see Ngiraingas v. Sanchez, No. 86-2840, slip. op. 6673, 6688 (9th Cir. June 7, 1988). Metzger therefore had until April 17, 1986, to file his complaint. He did not file until January 23, 1987. The district court correctly dismissed Metzger's claim as time-barred.
AFFIRMED.