Hill filed a civil rights lawsuit, alleging that he was involuntarily exposed to ETS in violation of his Eighth Amendment rights from April 27, 1993 to June 23, 1996, while he was incarcerated in state prison. Under California law, the statute of limitations for such an action is one year, and the statute is tolled for a maximum of two years if the plaintiff is imprisoned on a criminal charge for less than life. The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s dismissal of the lawsuit as time barred, since the latest date on which Hill could have sued was June 23, 1999, while he did not file his suit until January 2000.
55 Fed. Appx. 418, 2003 U.S. App. LEXIS 342 (U.S.C.A. 9th Cir. 2003).
