Dismissal as a Matter of Law

Marc Rosenberg won dismissal as a matter of law in Boston v. Kitsap County, et al., in which a plaintiff sued a county and its medical provider under 42 U.S.C. § 1983, claiming the defendants were deliberately indifferent to medical needs of an inmate in the county jail.  Plaintiff also brought a claim against the jail for negligent design resulting in a trip and fall.  Plaintiff served the County with a Notice of Tort Claim, pursuant to RCW 4.96.020, and filed a lawsuit more than three years after events alleged in the pleadings.   The district court denied a Rule 12(b)(6) motion on statute of limitations as to the federal claim.  Upon a certified question, the Ninth Circuit reversed and held that RCW 4.96.020 does not operate to toll the state’s general limitations period for claims under 42 U.S.C. § 1983.

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