Love v. Pinnacle Nissan, Inc. , 102 F. App'x 597 ( 2004 )

MEMORANDUM ^**

Terrill Love filed a racial harassment and constructive discharge claim against Pinnacle Nissan under the 1991 amendments to 42 U.S.C. § 1981. The district court dismissed Love’s claim under Arizona’s two-year statute of limitations for personal injury claims and Love appealed to this court. While submission of the appeal was pending, the Supreme Court decided Jones v. R.R. Donnelley & Sons, — U.S. -, 124 S.Ct. 1836, — L.Ed.2d - (2004), holding that claims for racial harassment and constructive discharge pursuant to a post-1990 amendment to § 1981 are governed by the federal “catchall” four-year statute of limitations, 28 U.S.C. § 1658, which preempts application of any state law statutes of limitation. — U.S. at ---, 124 S.Ct. at 1844-46. We accordingly reverse the district court’s dismissal of this case and remand for proceedings in accordance with the proper statute of limitations.

REVERSED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.