Eker v. Pettibone

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that 5 when federal courts borrow a state limitations period, the court also borrows the 6 forum state’s tolling rules
• stating that “tolling statutes[] are generally considered procedural” and that applying tolling incorrectly can result in “manifest injustice”
• stating that a § 1983 claim is subject to Arizona’s two-years statute of limitations for personal injury claims and “accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action”
• explaining that civil rights claims accrue, based on federal law, “when the plaintiff knows or has reason to know of the injury which is the basis of the action;” and that “[i]n Arizona, the courts apply a two-year statute of limitations to § 1983 claims”
• these three conditions are a “sufficient, rather than a necessary, condition for invoking presumption against retroactivity”
• “[F]ederal courts borrow the statute of limitations for § 1983 claims applicable to personal injury claims in the forum state.”

Source: CourtListener parenthetical corpus (CC0).