Statute of Limitation issue in California

[cunundrum69]

California State:

What is the operative statue of limitation to sue a police officer in federal court for a 4th amendment violation in the State of California?

Is the statue of limitations for suing an officer the same as suing the county and board of directors for the creation of unconstitutional police department policy procedures which caused the violation?

The details of the search and arrest are as follows is needed:

I was pulled over while driver a dirt bike on private property. The cop turned on his flashing lights behind my bike. He then told me to take my helmet off and ordered me to empty my pockets... he said he got reports of burglaries in area. The cop said he thought I was high on drugs, and he arrested me. He then towed my my truck and my bike off of the private property. He took me down to the Eureka police station and tied me down to a chair against my will and took a blood test. This arrest occurred on the date 2/23/2009. The Judge threw the case out because there were no exigent circumstances for the officer to force me to do a blood draw and ordered that there was a 4th amendment violation under the circumstances. I filed an administrative tort claim against the officer and the county and the Director of policy etc. and the Board of Supervisors rejected the claim. I did this within the 6 month time period for filing torts in the State. But now I need to know the above questions about the current California Statute of limitations for filing a 42 U.S.C. 1983 complaint against the officer and the county & directors... because the research I have done have produced several conflicting results. Thank You

 

[latigo]

“In California, the applicable statute of limitations for civil rights actions brought under 42 United States Code section 1983 is the one-year statute of limitations for personal injury actions, [Code of Civil Procedure,] section 340, subdivision (3).” West Shield Investigations & Security Consultants v. Superior Court (2000) 82 Cal.App.4th 935.

Also cited in Javor vs. Taggart et al., California Court of Appeals No. B149847 (Los Angeles County Super. Ct. No. BC224634)

Someone else will need to explain how to reconcile CCCP Section 340(3) with Section 335.1:

“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another. “

 

[tranquility]

And, the fact a claim needs to be filed under the Torts Claim Act (Starting at CA government code section 900.) to even have standing to sue in the first place. (SOL on civil rights has many issues and, even with study, it is a slippery beast at best.)