Background
Ryan Eugene Bazzill, a state prisoner, appealed pro se from a district court judgment dismissing his Section nineteen eighty-three action alleging constitutional claims. The district court had dismissed the case as time-barred.
The court’s reasoning
The panel reviewed the dismissal de novo and concluded the district court properly dismissed the action because Bazzill failed to file within the applicable statute of limitations. The court noted that the statute of limitations for Section nineteen eighty-three actions is the state law statute of limitations for personal injury actions, which is two years in Arizona. The claim accrues when the plaintiff knows or has reason to know of the injury. The court did not consider arguments raised for the first time on appeal.
What it means going forward
The decision reinforces that civil rights plaintiffs must strictly adhere to the two-year statute of limitations in Arizona to avoid dismissal of their claims.
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