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Elizabeth Mills v. L. K. Small, M.D.

Elizabeth MILLS, Plaintiff-Appellant, v. L. K. SMALL, M.D., Defendant-Appellee

Mills v. L. K. Small, M.D., 446 F.2d 249 (9th Cir. 1971)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
August 30, 1971
Docket
No. 71-1511
Judges
Merrill, Hufstedler, Trask
Citations
446 F.2d 249

Opinion — Per Curiam

PER CURIAM:

The plaintiff appeals from the district court’s dismissal of her in propria persona action charging the defendant with certifying to the Superior Court of Ala-meda County on July 21, 1954, that he had examined the plaintiff when he had not. The defendant, Dr. Small, was at the time a medical examiner for the Superior Court and acting within the scope of his employment. Plaintiff sought general and exemplary damages.

The district court dismissed upon the grounds that the action was barred by the statute of limitations and that the appellee was immune from liability for the act charged. We affirm.

Although the complaint, filed in October 1970, does not state its basis for federal jurisdiction, we assume it charges a violation of her civil rights under 42 U.S.C. § 1983 . That statute contains no limitation period but resort may be had to the California law. A liability “created by statute” must be brought within three years. Cal.Code Civ.P. § 338(1). As such her action is barred. Donovan v. Reinbold, 433 F.2d 738 (9th Cir. 1970); Smith v. Cremins, 308 F.2d 187 (9th Cir. 1962).

In addition, Dr. Small was acting in a quasi-judicial capacity and was immune from liability for damages under 42 U.S.C. § 1983 . Burkes v. Callion, 433 F.2d 318 (9th Cir. 1970).

The judgment is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1973: 21976: 11977: 11979: 21980: 21982: 11986: 12014: 119732026peak 1973 · 2

Relies on it most ⓘ

  1. Earl White v. Dr. Glen E. Padgett475 F.2d 79 (5th Cir. 1973)
  2. Rossiter v. Benoit88 Cal. App. 3d 706 (1979)
  3. Willett v. Wells469 F. Supp. 748 (E.D. Tenn. 1977)
  4. Feldman v. Hoffman107 A.3d 821 (Pa. Commw. Ct. 2014)
  5. Randle v. City and County of San Francisco186 Cal. App. 3d 449 (1986)
  6. Lim v. Citizens Savings & Loan Ass'n430 F. Supp. 802 (N.D. Cal. 1976)

Most recent

  1. Feldman v. Hoffman107 A.3d 821 (Pa. Commw. Ct. 2014)
  2. Randle v. City and County of San Francisco186 Cal. App. 3d 449 (1986)
  3. Pomerantz v. County of Los Angeles674 F.2d 1288 (9th Cir. 1982)
  4. Hines v. Board of Ed. of Covington, Ky.492 F. Supp. 469 (E.D. Ky. 1980)
  5. Santos v. District Council of New York City619 F.2d 963 (2d Cir. 1980)
  6. Rossiter v. Benoit88 Cal. App. 3d 706 (1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Smith v. Cremins, 308 F.2d 187 (9th Cir. 1962) 131
Michael Arthur Donovan v. Earl Reinbold & Harley Askew, Michael Arthur Donovan v. Earl Reinbold & Harley Askew, 433 F.2d 738 (9th Cir. 1970) 114
Burkes v. Callion, 433 F.2d 318 (9th Cir. 1970) 98

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