Sheena Shaw v. Sacramento County Sheriff's Department, et al.
SocialSecurity CriminalProcedure
May the Ninth Circuit Court of Appeals ignore the goals of 42 U.S.C. § 1983 when interpreting and applying state statutes of limitations and the coordinate tolling rules?
QUESTION PRESENTED May the Ninth Circuit Court of Appeals ignore the goals of 42 U.S.C. § 1983 when interpreting and applying state statutes of limitations and the coordinate tolling rules? See 42 U.S.C. § 1988. 42 U.S.C. § 1988 provides: The jurisdiction in civil and criminal matters conferred on the district and circuit courts [district courts] by the provisions of this Title, and of Title “CIVIL RIGHTS,” and of Title “CRIMES,” for the protection of all persons in the United States in their civil rights, and for their vindication, shall be exercised and enforced in conformity with the laws of the United States, so far as such laws are suitable to carry the same into effect; but in all cases where they are not adapted to the object, or are deficient in the provisions necessary to furnish suitable remedies and punish offenses against law, the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty. 42, U.S.C. § 1988 (2020) (emphasis supplied). i