Flynt v. Shimazu, No. 17-17318 (9th Cir. 2019)Annotate this Case
The Ninth Circuit reversed the district court's dismissal of plaintiff's 42 U.S.C. 1983 action, alleging California Business & Professions Code 19858 and 19858.5 as facially unconstitutional under the Dormant Commerce Clause. The district court dismissed the action as time-barred.
The panel reversed and held that, although it has not applied a state statute of limitations to a facial challenge under the Dormant Commerce Clause, it saw no reason to treat such a claim differently from facial constitutional claims under the First, Fifth, or Fourteenth Amendments. Therefore, consistent with its case law, the panel held that plaintiffs' claims were subject to the forum state's statute of limitations. In this case, the relevant statute of limitations was two years. The panel held that, assuming for the sake of analysis that sections 19858 and 19858.5 violate the Dormant Commerce Clause, plaintiffs have demonstrated a continuing violation. Therefore, plaintiffs' injuries fell within the relevant statutory period and the district court erred by concluding otherwise.