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CERVANTES v. CITY OF SAN DIEGO

No. 91-56305.

5 F.3d 1273 (1993)

Robert R. CERVANTES, Plaintiff-Appellant, v. CITY OF SAN DIEGO; San Diego Police Department; Dennis Sesma; Officer Carlos Garcia; Les Wardwell; Officer Eugene Bojorquez, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 27, 1993.

Attorney(s) appearing for the Case

Richard R. Castillo, Castillo and Guevara, San Diego, CA, for plaintiff-appellant.

James M. Chapin, Deputy City Atty., San Diego, CA, for defendants-appellees.

Before: FARRIS, NORRIS, and REINHARDT, Circuit Judges.

REINHARDT, Circuit Judge:

Robert R. Cervantes appeals the dismissal, under Fed.R.Civ.P. 12(b)(6) for failure to state a claim, of his First Amended Complaint. The district court concluded that the action, brought under 42 U.S.C. § 1983, was barred by the applicable statute of limitations. Because we conclude that Cervantes' amended complaint adequately alleges facts supporting equitable tolling of the limitations period, we reverse and remand.

I

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