2006-01-25_Dan_Cole_v._County_of_Hawaii_-_Order_Granting_Defendants_Motions_to_Dismiss

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Case 1:05-cv-00325-JMS-BMK Document 35 Filed 01/25/2006 Page 19 of 24 determines when a cause of action accrues. Under federal law, a cause of action generally accrues when a plaintiff knows or has reason to know of the injury which is the basis of his action." (Citation omitted.)). The court concludes that Cole knew or had reason to know of his injuries from the alleged conspiracy before May 17, 2003, such that the limitations period expired before Cole filed his Complaint in 2005. See Second Amended Complaint at 7-13 (alleging that Cole's property was damaged in 2001 and that Cole complained to various State and County officials beginning in 2001). Cole contends that the alleged conspiracy continued through 2005, potentially tolling the statute of limitations. See Flowers v. Carville, 310 F.3d 1118, 1126 (9th Cir. 2002) ("When a tort involves continuing wrongful conduct, the statute of limitations doesn't begin to run until that conduct ends. The doctrine applies where there is no single incident that can fairly or realistically be identified as the cause of significant harm." (Citations and internal quotation signals omitted.)). Construing Cole's Second Amended Complaint liberally, Cole attempts to assert that there existed a conspiracy to deprive him of his constitutional rights and that this conspiracy began in 2001 and continued through 2005. 19