Compton v. IdeCompton v. Ide
The Comptons appeal dismissal of their complaint alleging claims under
The Comptons present a variety of issues. First we must decide what statute of limitations is applicable to claims based on alleged violations of
FACTS
In 1981, Richard Compton (Compton) and his wife Dawn, filed this action against the City of Los Angeles, the County of Los Angeles, the United States, two federal law enforcement agencies, individual law enforcement agents of each of these governmental entities, and individuals allegedly involved in organized crime. Compton claims, inter alia, that law enforcement agents conspired with organized crime figures to take his yacht, extort fraudulent title to the yacht through threats of physical violence, induce him to buy weapons illegally, falsely arrest him, deny him police protection, and cover up the conspiracy. All of the damaging actions by the conspiracy, including the alleged threats, the extorted transfers of title, the taking of the ship and the arrest purportedly occurred in 1977.
Plaintiff Richard Compton was convicted for illegal possession of weapons by a felon. The allegations of law enforcement/organized crime conspiracy are based upon actions by law enforcement agents in connection with the investigation and arrest leading to this conviction.
Discussion
A. The Section 1983 Claim
The district court dismissed the Comptons’
The statute of limitations for claims under section 1983 is determined by state law. Cline v. Brusset, 661 F.2d 108, 110 (9th Cir.1981). As agreed by the parties, the appropriate statute is California‘s three year statute of limitations for actions based on statute. See
The Comptons base their action on injuries which allegedly occurred in 1977 when they lost their boat and Richard Compton was arrested. They contend, however, that the statute of limitations was tolled because of a continuing violation, and because they did not discover the conspiracy until 1980.
Mere continuance of a conspiracy beyond the date when injury or damage occurs does not extend the statute of limitations. See Hoffman v. Halden, 268 F.2d 280, 302-03 (9th Cir.1959) overruled in part on other grounds; Cohen v. Norris, 300 F.2d 24 (9th Cir.1962) (en banc). To establish a continuing violation, continued unlawful acts must be demonstrated. Ward v. Caulk, 650 F.2d 1144, 1147 (9th Cir.1981). The Comptons fail to allege any occurrences after 1977 sufficient to establish a continuing violation.
The Comptons’ complaint alleges that various wrongful acts were committed in their presence by groups of law enforcement officers and by a group of individuals characterized as the “mob defendants.” It is the wrongful act, not the conspiracy, which is actionable in a civil case. The existence of a conspiracy does not generally postpone accrual of causes of action arising from the conspirators’ separate wrongs. Singleton v. New York, 632 F.2d 185, 192 (2d Cir.1980) cert. denied, 450 U.S. 920, 101 S.Ct. 1368, 67 L.Ed.2d 347 (1981); see Hoffman v. Halden, 268 F.2d at 302-03. When a plaintiff has notice of wrongful conduct, it is not necessary that he have knowledge of all the details or all of the persons involved in order for his cause of action to accrue. Blanck v. McKeen, 707 F.2d 817, 819-20 (4th Cir.1983) (per curiam) cert. denied, --- U.S. ----, 104 S.Ct. 279, 78 L.Ed.2d 258 (1983). Based on the allegations of their complaint, the Comptons had sufficient knowledge of their damages and of the actors involved in 1977 for their cause of action to have accrued at that time. The running of the statute is not postponed by the fact that they did not discover the full breadth of the alleged conspiracy until 1980.
B. The RICO claim
The district court also held that the Comptons’ RICO claim was time barred. RICO does not provide a civil statute of limitations. Other federal courts have looked to the law of their forum state for an appropriate civil limitation period. See Seawell v. Miller Brewing Co., 576 F.Supp. 424, 427 (M.D.N.C.1983); D‘iorio v. Adonizio, 554 F.Supp. 222, 231-32 (M.D.Pa.1982); State Farm Fire & Cas. Co. v. Estate of Caton, 540 F.Supp. 673, 683-84 (N.D.Ind.1982). We agree with their approach and find that the California period of limitation applicable to state claims most analogous to RICO civil actions is the three year period for actions based on statute,
We have found no authority definitively deciding when a cause of action accrues alleging a RICO violative civil conspiracy. As previously discussed, the general federal rule is that the limitations period begins to run when the plaintiff knows or has reason to know of the injury which is the basis for his action. Trotter v. Intern. Longshoremen‘s and Warehousemen‘s Union, 704 F.2d 1141, 1143 (9th Cir.1983) (per curiam); Cline v. Brusset, 661 F.2d at 110.
We see no reason here to depart from the general rule. Although RICO does specifically outlaw conspiracies to violate the substantive provisions of the statute,
C. The Federal Tort Claim
The district court held that the claims by the Comptons under the FTCA for false arrest, false imprisonment, malicious prosecution and abuse of process were barred by the “exclusions” of
The only potential claims against the federal defendants for false arrest, false imprisonment, malicious prosecution or abuse of process arose from the weapons possession investigation and prosecution which culminated in Richard Compton‘s conviction. A prior conviction estops a party in a later civil suit from contesting facts necessarily established in the criminal proceeding. Considine v. United States, 683 F.2d 1285, 1286 (9th Cir.1982). Compton‘s conviction on the weapons charge indicates that the federal officers did have adequate grounds for his arrest and prosecution.
The complaint also alleges that federal law enforcement officials failed to investigate illegal activity reported by Compton. In determining whether the federal officers had a duty to act, we must look to state law.
The only allegation in the Comptons’ complaint which could potentially suffice to establish a claim of a special relationship is that FBI agent Flores promised to investigate the Comptons’ claims of wrongdoing by other defendants but failed to do so. According to the complaint, however, Flores’ promises occurred after Richard Compton had been wrongfully arrested and his boat had been taken. Thus, the Comptons fail to allege the worsening of position requisite to recovery on the theory of a special relationship. Id.
D. The “Bivens ” claims
The district court granted summary judgment in favor of the federal officers on the Comptons’ claim that the officers violated their constitutional rights. Each of the officers submitted a sworn declaration outlining the substance of his contacts with the Comptons. The declarations indicate that the officers’ actions constituted legitimate law enforcement activities.
A party opposing summary judgment must present some significant probative evidence tending to support his complaint. General Business Systems v. North American Philips Corp., 699 F.2d 965, 971 (9th Cir.1983). The Comptons failed to present such evidence.
In reviewing a grant of summary judgment, the appellate court‘s task is identical to that of the trial court. State ex rel. Edwards v. Heimann, 633 F.2d 886, 888 n. 1 (9th Cir.1980). Viewing the evidence, de novo, in the light most favorable to the party against whom summary judgment is granted, the appellate court must determine whether the trial court correctly found that there was no genuine issue of material fact and that the moving party was entitled to judgment as a matter of law. Heiniger v. City of Phoenix, 625 F.2d 842, 843 (9th Cir.1980). We hold that no genuine issue of material fact exists.
The judgment of the district court is affirmed.
AFFIRMED.