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ESTATE OF BLUE v. COUNTY OF LOS ANGELES

No. 96-55480.

120 F.3d 982 (1997)

ESTATE OF Gianna BLUE; Martha Wright-Cox, individually and as Guardian ad Litem for Shauntonese Burris, Nakiya Brady and Lequan Buyard, minors; Wil Wright; Gregory Johnson; Eric Collins; Terrel Bealey; Londell Henderson; Barry Hawes, Plaintiffs-Appellants, v. COUNTY OF LOS ANGELES, a public entity; Sherman T. Block, Sheriff, individually and as Sheriff of the County of Los Angeles; William Christiansen, Lieutenant of the Sheriff's Department of Los Angeles County; Irwin Golden; Shannon Laren, Thomas Drake, individually and in their official capacities as Los Angeles County Sheriff's Deputies, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 21, 1997.

Attorney(s) appearing for the Case

Geraldine D. Green, Los Angeles, CA, for Plaintiffs-Appellants.

Steven J. Renick, Manning Marder & Wolfe, Los Angeles, CA, for Defendants-Appellees.

Before SCHROEDER, BRUNETTI and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether equitable tolling applies to a civil rights claim which was voluntarily dismissed in federal court, refiled and adjudicated in state court, and then filed again in federal court.

I

This is a tragic case. The complaint alleges that on May 15, 1990, Gianna Blue, an innocent bystander during a liquor store holdup and shoot-out, was fatally wounded by shots fired by Los Angeles County Sheriff's Deputies...

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