2006-01-25_Dan_Cole_v._County_of_Hawaii_-_Order_Granting_Defendants_Motions_to_Dismiss

Home

Case 1:05-cv-00325-JMS-BMK Document 35 Filed 01/25/2006 Page 15 of 24 The County's motion to dismiss is granted as to Cole's § 1983 claim as well. The § 1983 claim, like the § 1981 claim, is barred because it rests on events that occurred more than two years ago (and therefore falls outside the statute of limitations); to the extent that Cole discusses events that occurred within the limitations period, he fails to allege a constitutional violation (a required element of a § 1983 claim). Section 1983 does not contain a statute of limitations. The Supreme Court has held that courts should look to the local statute of limitations for personal injury actions as the most analogous statute to § 1983. Wilson v. Garcia, 471 U.S. 261, 276 (1985). Therefore, Hawaii's two-year statute of limitations for personal injury actions, HRS § 657-7, applies to Cole's §1983 claim. As Cole did not file his complaint until May 17, 2005, all of his allegations concerning constitutional violations in 2001 and 2002 are barred by the statute of limitations. To determine whether Cole's allegations of events that occurred within the statutory period are sufficient to support a § 1983 claim, the court must determine whether Cole has alleged "discrete acts" that occurred within the limitations period and that violated Cole's constitutional rights. RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1058 (9th Cir. 2002). The court has reviewed the allegations concerning events that have supposedly occurred since May 17, 15