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"continuing wrong" & statute of limitations

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  • Legalbear
    [23] The first is predicated on the continuing wrong doctrine, a doctrine defined by this Circuit as involving repeated instances or continuing acts of
    Message 1 of 1 , Nov 4, 2006

      [23]     The first is predicated on the "continuing wrong" doctrine, a doctrine defined by this Circuit as involving "repeated instances or continuing acts of the same nature, as for instance, repeated acts of sexual harassment or repeated discriminatory employment practices." Sisseton-Wahpeton Sioux Tribe, 895 F.2d at 597. Here, however, the wrong complained of was a single act, i.e., the assessment, which in turn created the lien and caused the harm. In essence, what Mr. Nesovic attempts to characterize as a continuing wrong is only the "ill effects from an original violation." Ward v. Caulk, 650 F.2d 1144, 1147 (9th Cir. 1981). Thus, this theory does not save him from the six-year statute. Nesovic v. United States , 71 F.3d 776 (9th Cir. 12/08/1995)

       

       

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