In Lockett v. County of Los Angeles, published October 2, 2020, the 9th Circuit, ruling on an interlocutory appeal, affirmed denial of a motion to dismiss a Monell claim in a 42 U.S.C. section 1983 case on statute of limitations grounds. On January 1, 2016, officers from the defendant county arrested the plaintiff. The plaintiff alleges the officers used excessive force in arresting him. On January 20, 2016, the plaintiff was charged with attempted murder. He was held in custody until August 2, 2016, when the charges were dropped. On July 2, 2018, the plaintiff brought his suit. The plaintiff alleged that the defendant county tolerated and ignored racially motivated cliques and gangs that led to the alleged use of excessive force. Because the plaintiff sued two years and five months after his arrest, the defendant argued that the two-year statute of limitations under Code of Civil Procedure section 335.1, which applies to section 1983 actions, barred the Monell claim. The district court held that the claim was tolled while the plaintiff was in custody.
The 9th Circuit agreed. Under Government Code section 945.3, no person charged with a criminal offense may sue a peace officer or employing public entity for damages based upon peace officer conduct relating to the offense for which the accused is charged while the charges are pending before a superior court. Section 1983 charges are tolled by section 945.3 while criminal charges are pending. Here, "based upon" means "but for" causation. Section 945.3 tolls the statute when the "but for" cause of the claim is the conduct of the peace officer. A Monell claim cannot be brought unless the plaintiff proves that a peace officer committed an underlying constitutional violation. Thus, in this case, the officers' alleged conduct in using excessive force is the "but for" cause of the plaintiff's Monell claim. His claim was therefore tolled while his criminal charge was pending.
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