Unpublished Disposition, 928 F.2d 1136 (9th Cir. 1991)
Annotate this CaseDelora DIAZ, Plaintiff-Appellant,v.CITY OF EAST PALO ALTO, Dan Nelson, Chief, City of East PaloAlto Police Department, Marie Watts, Officer,Tracy Frey, Officer, Defendants-Appellees.
No. 89-16594.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted March 14, 1991.Decided March 20, 1991.
On Appeal From the United States District Court for the Northern District of California, No. CV-89-1735-TEH; Thelton E. Henderson, District Judge, Presiding.
N.D. Cal.
REVERSED AND REMANDED.
Before BEEZER and NOONAN, Circuit Judges, and SINGLETON,* District Judge.
MEMORANDUM**
Cal.Gov't Code Sec. 945.3 tolled the statute of limitations applicable to Diaz's civil rights action. See Harding v. Galceran, 889 F.2d 906, 908-09 (9th Cir. 1989), cert. denied, 1991 US LEXIS 954 (Feb. 19, 1991). Hardin v. Straub, 490 U.S. 536 (1989), cited by appellees, does not suggest a different result.
Appellant has not prevailed on the merits of her claim. Her request for attorney fees under 42 U.S.C. § 1988 is denied. See Jensen v. City of San Jose, 806 F.2d 899, 901 (9th Cir. 1986) (en banc).
REVERSED AND REMANDED.
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