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BIANCHI v. BELLINGHAM POLICE DEPT.

No. 89-35053.

909 F.2d 1316 (1990)

Kenneth A. BIANCHI, Plaintiff-Appellant, v. BELLINGHAM POLICE DEPARTMENT; Terry Wight; Terry Mangan; David McEachran, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1990.

Attorney(s) appearing for the Case

Robert L. Christie and Scott Stewart, Waitt, Johnson & Martens, Seattle, Wash., for defendants-appellees Terry Wight and Terry Mangan.

Randall J. Watts, Chief Deputy Pros. Atty., Bellingham, Wash., for defendant-appellee David McEachran.

Kenneth A. Bianchi, Walla Walla, Wash., pro se.

Before WRIGHT, REINHARDT and O'SCANNLAIN, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This is a § 1983 action. Kenneth Bianchi appeals the dismissal of complaint on statute of limitation grounds. He argues that his continuous incarceration from the time of his arrest tolls the running of the limitation period. We agree, reverse and remand.

BACKGROUND

Bianchi is a convicted mass murderer1 serving two consecutive life sentences in the state of Washington. When those...

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