CALIFORNIA ET AL.

v.

KEENAN

Citator

Cited By

• Perry v. Boyd James O'Donnell, 749 F.2d 1346 (9th Cir. 1984)
  …rst time in a motion for summary judgment. Id. at 566. Here, the defendants never raised the issue in the district court, and we decline to address it on appeal. See Genson v. Ripley, 681 F. 2d 1240, 1242 (9th Cir.1982) (per curiam), cert. denied, 459 U.S. 937, 103 S.Ct. 245, 74 L.Ed.2d 193 (1983). Similarly, we are not confronted with the question whether the answer could be amended on remand to raise the statute of limitations defense. [*1354] In sum, we believe the district court erred in holding tha…
• Mychelle Davis v. Marsh, 876 F.2d 1446 (9th Cir. 1989)
  …the appropriate federal agency within two years of their accrual. 28 U.S.C §§ 2401, 2675 (1982). Having failed to do so, Davis is barred from bringing suit under the FTCA. Genson v. Ripley, 681 F. 2d 1240, 1241 (9th Cir.) (per curiam), cert. denied, 459 U.S. 937, 103 S.Ct. 245, 74 L.Ed.2d 193 (1982). Bivens is of no assistance to Davis either, as it does not provide enlisted military personnel a cause of action against a superior officer. Chappell v. Wallace, 462 U.S. 296, 304, 103 S.Ct. 2362, 2367-68, 76 L…