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2012-06-29_Scott_Andrews_Claudia_Rohr_v_County_of_Hawaii_Order_Granting_Defendants'_Motion_to_Dismiss
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2012-06-29_Scott_Andrews_Claudia_Rohr_v_County_of_Hawaii_Order_Granting_Defendants'_Motion_to_Dismiss
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9/18/2012 10:17:14 AM
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Case 1:10-cv-00749-DAE-KSC Document 78 Filed 06/29/12 Page 13 of 31 PagelD #: <br /> 599 <br /> the forum state. Canatella, 486 F.3d at 1132. Therefore, Hawaii's two-year statute <br /> of limitations for personal injury actions applies to Plaintiffs' § 1983 claims. See <br /> Haw. Rev. Stat. § 657-7 ("Actions for the recovery of compensation for damage or <br /> injury to persons or property shall be instituted within two years after the cause of <br /> action accrued."). To the extent that Plaintiffs assert a state law negligence claim, <br /> that claim is also governed by the two-year statute of limitations in section 657-7. <br /> Plaintiffs filed the instant action on December 15, 2010. (See Doc. <br /> # 1.) The large majority of Defendants' alleged misconduct happened between <br /> April 2008 and December 12, 2008, when Andrews was arrested. (SAC ¶¶ 27-82.) <br /> The very last instance of alleged misconduct occurred on December 14, 2008, the <br /> day on which Plaintiff was released from custody. Thus, at the latest, the alleged <br /> claims accrued on December 14, 2008, as Plaintiff"kn[ew] or ha[d] reason to <br /> know of the actual injury" underlying his claims. Lukovsky, 535 F.3d at 1051. <br /> Accordingly, the statute of limitations on Plaintiffs' causes of action expired on <br /> December 14, 2010—one day before Plaintiffs filed their Complaint. (See Doc. <br /> # 1.) <br /> Plaintiffs do not dispute that they filed their Complaint after the <br /> statute of limitations expired. However, Plaintiffs assert in their SAC that <br /> Hawaii's discovery rules "toll" the statute of limitations, and that Hawaii's <br /> 13 <br />
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