CA9: In a civil Franks claim, withheld SW affidavit tolls limitations until discovery

Plaintiff claimed judicial deception in obtaining search warrants for his home and computers over the death of his wife. When the state had the warrant affidavits sealed, the two year statute of limitations on his claim of judicial deception did not begin to run until he discovered the factual basis for his claims, over three years after the search. He was diligent in trying to learn the factual basis of the claims. Klein v. City of Beverly Hills, 2017 U.S. App. LEXIS 14365 (9th Cir. Aug. 4, 2017), connected case, Klein v. City of Beverly Hills, 2017 U.S. App. LEXIS 14400 (9th Cir. Aug. 4, 2017) (loses on the merits, however, because of lack of materiality of the alleged false statements).

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