and Submitted December 9, 2016 Seattle, Washington
from the United States District Court for the Western
District of Washington D.C. No. 3:14-cv-05205-RBL Ronald B.
Leighton, District Judge, Presiding
Rosenberg (argued), Lee Smart P.S. Inc., Seattle, Washington,
Anthony Clarence Otto (argued), Law Office of Anthony C.
Otto, Port Orchard, Washington, for Plaintiff-Appellee.
Before: Richard C. Tallman and Morgan Christen, Circuit
Judges, and Morrison C. England, Jr., [*] District Judge.
panel reversed the district court's order denying
defendants' motion to dismiss and remanded with
instructions to dismiss plaintiff's 42 U.S.C. § 1983
claims as time barred.
substantive claims arose out of injuries he sustained between
January 3, 2011, and February 14, 2011, while housed at the
Kitsap County Jail. On January 3, 2014, plaintiff submitted a
tort claim to Kitsap County pursuant to Washington's
presentment statute, RCW 4.96.020. After receiving no
response from the County, plaintiff filed a federal lawsuit
on March 10, 2014. The magistrate judge determined that
because plaintiff had filed a claim prior to expiration of
the statute of limitations, under the tolling provision set
forth in RCW 4.96.020, he was entitled to 60 additional days
in which to file his § 1983 action.
panel held that RCW 4.96.020 does not operate to toll the
state's general residual limitations period applicable to
§ 1983 actions because RCW 4.96.020 is a special statute
of limitations as opposed to a typical tolling provision. As
a result, the panel held that plaintiff filed his federal
complaint after the applicable three-year statute of
limitations had expired, and that his § 1983 claims were
thus time barred and consequently should be dismissed.
ENGLAND, District Judge
Kitsap County ("Kitsap") and Conmed, Inc.
("Conmed") (collectively, "Appellants")
appeal from the district court's denial of their motion
to dismiss as time barred Appellee Eric Boston's
("Appellee" or "Plaintiff") claims
brought under 42 U.S.C. § 1983. Appellee contends that
the applicable statute of limitations was tolled under RCW
4.96.020. We hold, however, that because RCW 4.96.020 is a
special statute of limitations as opposed to a typical
tolling provision, it is not applicable to claims filed under
§ 1983. As a result, we find that Appellee filed his
federal complaint after the applicable three-year statute of
limitations had expired, and that his § 1983 claims are
thus time barred and consequently should be dismissed. We
reverse the district court's order denying
Appellants' motion to dismiss and remand with
instructions to dismiss Plaintiff's § 1983 claims as
substantive claims arise out of injuries he sustained between
January 3, 2011, and February 14, 2011, while he was housed
at the Kitsap County Jail. Given those injuries, Appellee
submitted a tort claim on January 3, 2014, to Kitsap County.
Washington's claims presentment statute, RCW 4.96.020,
No action subject to the claim filing requirements of this
section shall be commenced against any local government
entity, or against any local government entity's
officers, employees, or volunteers, acting in such capacity,
for damages arising out of tortious conduct until sixty
calendar days have elapsed after the claim has first been
presented to the agent of the governing body thereof. The
applicable period of limitations within which an action must
be commenced shall be tolled during the sixty calendar day
period. For the purposes of the applicable period of
limitations, an action commenced within five court days after
the sixty calendar day period has elapsed is deemed to have
been presented on the first day after the sixty calendar day
receiving no response from Kitsap, Appellee filed a federal
district court lawsuit on March 10, 2014, in the Western
District of Washington alleging causes of action for
violation of 42 U.S.C. § 1983 and negligence against
Kitsap and Conmed, a private entity that contracted with
Kitsap to provide inmate healthcare services. Subsequently,
on March 11, 2014, Appellee filed a materially identical
state court ...