Legal Opinion
Kenneth A. Bianchi v. Bellingham Police Department Terry Wight Terry Mangan David McEachran
Court of Appeals for the Ninth Circuit
Decided July 26, 1990No. 89-35053PublishedCited by 19 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
This is a § 1983 action. Kenneth Bianchi appeals the dismissal of complaint on statute of limitation grounds. He argues that his continuous incarceration from the time of his arrest tolls the running of the limitation period. We agree, reverse and remand.
BACKGROUND
Bianchi is a convicted mass murderer1 serving two consecutive life sentences in the state of Washington. When those sentences are completed, he will be returned to California to serve life sentences for five counts of murder and for conspiracy to commit murder.
He was arrested on suspicion of murder on…
2Cases cited11 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Hardin v. StraubSupreme Court of the United States · 1989
- David D. Darring v. Larry Kincheloe, Superintendent of the Washington State PenitentiaryCourt of Appeals for the Ninth Circuit · 1986
- Telco Leasing, Inc. v. Transwestern Title Co., D/B/A California Land Title Co. Of MarinCourt of Appeals for the Ninth Circuit · 1980
- Mitchell v. GreenoughCourt of Appeals for the Ninth Circuit · 1938
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Oscar W. Jones v. Lou Blanas County of SacramentoCourt of Appeals for the Ninth Circuit · 2004
- Maximo HILAO, Class Plaintiffs, Plaintiff-Appellee, v. ESTATE OF Ferdinand MARCOS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1996
- Charles Leonard Elliott v. City of Union CityCourt of Appeals for the Ninth Circuit · 1994
- Vicki H. Brown v. Hartshorne Public School District 1, Janie Trueblood Lorraine Hollis Jack Holloway Tommy McCullar Dr. Roy HoneywellCourt of Appeals for the Tenth Circuit · 1991
- Martinez v. GomezCourt of Appeals for the Ninth Circuit · 1998
14 more not listed; retrieve them via the Exa API.