Butler v. City of Huntington Beach
Butler v. City of Huntington Beach
Opinion of the Court
MEMORANDUM
John Butler appeals the district court’s decision to grant summary judgment as to his 42 U.S.C. § 1983 claims stemming from a police dog-bite incident. The district court held that the claims were time barred. Butler contends that the one-year statute of limitations, as applied to his federal claims, violated his right to equal protection. He also argues that defendants waived the statute of limitations or, alternatively, that they are equitably es-topped from asserting it. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review the district court’s grant of summary judgment de novo.
Because the facts are known to the parties, we do not recite them here. We do note that Butler’s suit was filed within six months of the denial of his state administrative claims but more than a year after the dog-bite incident from which his claims arose. We proceed to Butler’s arguments.
We find no equal protection problem with the application of California’s one-year statute of limitations
We also conclude that the defendants did not waive the statute of limitations by failing to raise the issue as an affirmative defense in their answer. Strict adherence to Federal Rule of Civil Procedure 8(c) is not required so long as no prejudice results.
We reject Butler’s second waiver argument, as well as his argument for estoppel. At best, the warning in the letter denying Butler’s administrative claims was confusing.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. Clicks Billiards, Inc. v. Sixshooters, Inc., 251 F.3d 1252, 1257 (9th Cir. 2001).
. Id.
. See Cal.Code Civ. Proc. § 340(3).
. See Cal. Govt.Code § 945.6.
. 471 U.S. 261, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985).
. See Camarillo v. McCarthy, 998 F.2d 638, 639 (9th Cir. 1993).
. The confusing warning language in the letter distinguishes this case from Halus v. San Diego Cty. Assessment Appeals Bd., 789 F.Supp. 327, 329 (S.D.Cal. 1992) upon which Butler relies.
Reference
- Full Case Name
- John BUTLER v. CITY OF HUNTINGTON BEACH Ronald Lowenberg, and other unknown Huntington Beach Police Officers in both their personal and official capacity Dennis Plymale, Doe 4 D
- Status
- Published