Brinson v. State of California

Background

Brad Brinson filed a second amended complaint against the State of California, the California Highway Patrol (CHP), Officer P. Santiago, Bay Area Phlebotomy and Laboratory Services (BAPLS), and Joshua Hammack. Brinson alleged that Santiago arrested him for driving under the influence on August 28, 2019, and required him to submit to a blood test after he could not take a breath test. Brinson alleged that he told Santiago he was taking an anticoagulant, attempted to refuse the blood draw, and was threatened with jail time and a one-year driver’s-license suspension. He also alleged that Hammack, a BAPLS phlebotomist, did not know whether the blood draw was safe for someone taking anticoagulants.

Brinson asserted six claims: two civil-rights claims under 42 U.S.C. § 1983 based on the Fourth Amendment; a § 1983 claim alleging unconstitutional policies, customs, or practices; state-law battery and negligence claims against the laboratory defendants; and a state-law claim for negligent hiring, supervision, and retention against BAPLS.

Motions and statute of limitations

BAPLS and Hammack moved to dismiss the claims against them under Federal Rule of Civil Procedure 12(b)(6), which tests whether a complaint states a legally sufficient claim. The State of California, CHP, and Santiago also moved to dismiss. The defendants argued that all claims were barred by statutes of limitations.

The court stated that § 1983 claims use California’s two-year limitations period for personal-injury claims. It also stated that California Code of Civil Procedure section 340.5 provides a one-year limitations period for Brinson’s battery, negligence, and negligent-hiring claims against the laboratory defendants. Brinson’s alleged injury occurred on August 28, 2019, but he did not file his complaint until December 7, 2023.

Brinson argued that California Government Code section 945.3 tolled, or paused, the limitations period while his related criminal case was pending. The court held that section 945.3 applies only to claims against a peace officer or the public entity employing a peace officer. Brinson did not show that BAPLS or Hammack fell within that category. The court therefore held that the tolling statute did not apply to the laboratory defendants, granted their motion to dismiss, and dismissed the claims against them with prejudice.

The court reached a different conclusion as to the State Defendants. It found that Brinson could potentially amend his complaint to properly allege tolling as to those defendants and warned that he would not receive another opportunity to properly plead tolling.

Claims against the State Defendants

The State of California and CHP argued that Brinson’s § 1983 claims against them were barred because a state and its agencies are not “persons” who can be sued under that statute. Brinson conceded the point. The court granted the motion to dismiss as to the State of California and CHP with prejudice.

Santiago separately argued that Brinson’s constitutional claims against him failed to state a claim. The court did not decide that argument on its merits. The State Defendants had already answered Brinson’s first amended complaint before filing the motion directed at the second amended complaint. The court held that filing an amended complaint did not revive defenses that had already been waived, and that the State Defendants’ arguments could have been raised before they answered. The court therefore held that the State Defendants had waived their Rule 12 challenge to the claims against Santiago.

Disposition

The court granted the laboratory defendants’ motion to dismiss, dismissed BAPLS and Hammack with prejudice, entered judgment in their favor, and denied their motion to compel discovery as moot. The court granted the State Defendants’ motion to dismiss, dismissed the State of California and CHP with prejudice, and allowed Brinson to file a third amended complaint against Santiago by November 4, 2025. The court continued the case-management conference to February 4, 2026.