Soto v. Sweetman, No. 16-15497 (9th Cir. 2018)
Annotate this CaseThe administrative exhaustion requirement justifies tolling the statute of limitations, but it does not justify creating a new accrual rule. The potential unfairness of limitations running during exhaustion is better addressed by equitable tolling. The Ninth Circuit affirmed the district court's grant of summary judgment dismissing plaintiff's 42 U.S.C. 1983 action alleging excessive force and sexual assault claims against ten Arizona Department of Corrections officers. The panel held that plaintiff's claims accrued when the alleged assault occurred in 2010 because he knew of his injuries at that time; equitable tolling was not applicable in this case where neither his 2014 complaint allegations, his sworn affidavits, nor the letters and grievances he wrote from 2010 to 2014, provide competent summary judgment evidence that he took any steps to inquire into the delay in hearing from the Criminal Investigation Unit for nearly four years; and thus plaintiff's claims were time-barred.
Court Description: Prisoner Civil Rights. The panel affirmed the district court’s summary judgment in an action brought by an Arizona state inmate pursuant to 42 U.S.C. § 1983 alleging excessive-force and sexual-assault claims against ten Arizona Department of Corrections officers. The district court found that the two-year statute of limitations barred plaintiff’s claims because his claims accrued in 2010 when the alleged incident occurred but he did not sue until 2014. Plaintiff argued that his claims did not accrue until 2014, because he was told that the Criminal Investigation Unit needed to complete its investigation before he could file an administrative grievance. Plaintiff did not hear from the Criminal Investigation Unit until 2014, at which point he restarted the administrative grievance process, exhausted his administrative remedies and filed suit. The panel first declined to adopt plaintiff’s proposed rule that a claim does not accrue until administrative remedies have been exhausted. The panel held that when, as in this case, the inmate knows of the acts when they occurred and knows that he was injured, the claim accrues. The panel held that the administrative exhaustion requirement justifies tolling the statute of limitations, but it does not justify creating a new accrual rule. 4 SOTO V. SWEETMAN The panel held that plaintiff was not entitled to equitable tolling because not only did he fail to include any allegations in his 2014 complaint that he could not proceed with the grievance process until the Criminal Investigation Unit completed its investigation, he failed to submit any declaration, affidavit, authenticated document, or other competent evidence to that effect. Dissenting in part, Judge N. Smith stated that: (1) pro se inmates need not comply strictly with the rule that a party must rely on affidavits, depositions, answers to interrogatories, or admissions to defeat summary judgment; (2) the panel failed to accord plaintiff’s statement in his response brief appropriate weight; and (3) viewed in the light most favorable to plaintiff, the evidence in the record showed that he diligently pursued the completion of the Criminal Investigation Unit’s investigation.
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