Nares v. City and County of San Francisco

Background

Jeremiah Nares alleged that, during a May 31, 2020, protest following George Floyd’s death, an unnamed San Francisco police officer shot him with a “less lethal firearm” and retaliated against his free speech. Nares brought claims for damages against the City and County of San Francisco under 42 U.S.C. § 1983, a federal civil-rights statute.

The city moved to dismiss, arguing that the claims were barred by the statute of limitations—the deadline for filing a lawsuit. Nares filed his complaint on November 28, 2022. He maintained that his claims accrued on June 1, 2020, while the city argued that they accrued on May 31, 2020.

Analysis

The court applied California’s two-year limitations period for personal-injury claims, along with California’s tolling rules. California Emergency Rule 9(a) temporarily paused limitations periods longer than 180 days from April 6, 2020, through October 1, 2020. Both sides agreed that the rule applied.

The court used Nares’s proposed accrual date of June 1, 2020, and still found the complaint untimely. Because the claims accrued on June 1, the tolling period began on that date, not on April 6. The court calculated that the claims were tolled for 122 days, until October 1, 2020. It rejected Nares’s argument that he was entitled to 178 days of tolling, because tolling cannot apply before a claim accrues and the limitations period begins.

Starting on October 1, 2020, Nares had two years to file. The court determined that the filing deadline was Monday, October 3, 2022. Because Nares filed on November 28, 2022, the claims were time barred.

Disposition

Judge Alex G. Tse granted the City and County of San Francisco’s motion to dismiss. The court dismissed the complaint with prejudice, directed the Clerk of Court to enter judgment for the city, and ordered the case file closed.