Klein v. City of Beverly Hills, No. 15-56279 (9th Cir. 2017)Annotate this Case
The discovery rule applies to a judicial deception claim. If a diligent plaintiff has pursued the underlying affidavit without success, accrual need not begin at the time of the search. Plaintiff filed suit against defendants for investigating him in connection with his wife's death, claiming that the search warrants for his home and computer were obtained through judicial deception. The Ninth Circuit held there was no question that plaintiff diligently pursued the facts underlying his judicial deception claim. Therefore, his claim for judicial deception was timely. Accordingly, the panel affirmed in part and reversed in part.