What is the applicable statute of limitations for a claim brought by a parent who alleges that their children were physically and verbally abused during a separation?

1197 n.1 (9th Cir. 1998), it may consider allegations raised in opposition papers in deciding whether to grant leave to amend, see, e.g., Broam v. Bogan, 320 F.3d 1023, 1026 n.2 (9th Cir. 2003).

"Parents and children have a well-elaborated constitutional right to live together without governmental interference. That right is an essential liberty interest protected by the Fourteenth Amendment's guarantee that parents and children will not be separated by the state without due process of law except in an emergency." Hardwick v. Cty. of Orange, 844 F.3d 1112, 1116 (9th Cir. 2017). A parent may bring a claim under 42. U.S.C. 1983 based upon a violation of this right. See Id.

However, such a claim is subject to certain limitations. For claims under 42 U.S.C. 1983, which "does not include its own statute of limitations, federal courts borrow the forum state's limitations period for personal injury torts." See Lukovsky v. City & Cty. of San Francisco, 535 F.3d 1044, 1048 (9th Cir. 2008). The applicable California law establishes a two year statute of limitations for such claims. See Cal. Civ. Proc. Code 335.1.