Does the statute of limitations bar a plaintiff from seeking and denying post-deprivation due process?

MultiRegion, United States of America

The following excerpt is from Bird v. Hawai'i, 935 F.3d 738 (9th Cir. 2019):

of due process. Bird is unable to identify, however, any specific instance within the limitations period where she sought and was denied post-deprivation process. See Pouncil v. Tilton , 704 F.3d 568, 581 (9th Cir. 2012) (holding that constitutional and statutory claims for religious discrimination were not barred by the statute of limitations where the defendant allegedly committed an independently wrongful, discrete act within the limitations period, even if the discrete act was related to a preexisting policy of which the plaintiff was aware and subject to outside the limitations period). The only instance Bird has identified where she sought and was denied a post-deprivation hearing occurred prior to May 2013.

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