Gilyard v. Gibson

ORDER AND JUDGMENT *

ROBERT E. BACHARACH, Circuit Judge.

In 2014, Mr. Michael Gilyard sued under 42 U.S.C. § 1983 and Bivens v. Six Un known Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), 1 claiming violation of the Fourth Amendment in 2010. But a two-year period of limitations applied, and Mr. Gilyard waited four years to sue. Thus, the district court dismissed the suit.

Mr. Gilyard appeals,' urging tolling based on a legal disability. We ask: Did the district court err in declining to toll the limitations period? We conclude that the district…