Legal Opinion

Tworivers v. Lewis

Court of Appeals for the Ninth Circuit

Decided April 6, 1999No. 97-15844PublishedCited by 434 opinions

1Opinion of the Court

BRIGHT, Circuit Judge:

Plaintiff Appellant Christian Weaver TwoRivers, an Arizona prisoner, appeals the district court’s dismissal of his 42 U.S.C. § 1983 claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure, on grounds that he failed to file suit within the applicable two year statute of limitations. TwoRivers’ claim is time barred unless he can obtain the benefit of a provision under Arizona law which tolled the two year limitations for Arizona prisoners until after discovery of the prisoner’s right to sue. Such statutory grace existed at the time TwoRivers discovered his right…

2Cases cited36 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. Lindh v. MurphySupreme Court of the United States · 1997
  3. Wilson v. GarciaSupreme Court of the United States · 1985
  4. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  5. Bowen v. Georgetown University HospitalSupreme Court of the United States · 1988

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3Cited by434 opinions

  1. Rhodes v. RobinsonCourt of Appeals for the Ninth Circuit · 2005
  2. Nano Maldonado v. Tony Harris, in His Capacity as Acting Director of the California Department of TransportationCourt of Appeals for the Ninth Circuit · 2004
  3. Lukovsky v. City and County of San FranciscoCourt of Appeals for the Ninth Circuit · 2008
  4. Eric DePaola v. Harold ClarkeCourt of Appeals for the Fourth Circuit · 2018
  5. Angela Bernhardt v. County of Los Angeles Lloyd W. Pellman, Individually Lloyd W. Pellman, in His Official CapacityCourt of Appeals for the Ninth Circuit · 2002

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