Edward James Pull v. Deputy Todd, et al.

Summary

These Findings and Recommendations address a pro se prisoner’s 42 U.S.C. § 1983 claims alleging deliberate indifference to medical needs following an April 30, 2018 stabbing while he was a pretrial detainee in Kern County jail. The court concludes that the claims are barred by California’s statute of limitations, including any applicable statutory tolling, and that equitable tolling does not apply. The magistrate judge recommends dismissal with prejudice and closure of the case, subject to a 21-day objection period.

Holdings

1. California's two-year statute of limitations for personal-injury actions applies to Plaintiff's § 1983 claims, and the claims accrued when Plaintiff knew or had reason to know of the injury, no later than April 30, 2018.
2. Even assuming Plaintiff was entitled to California's two-year prisoner tolling provision under section 352.1, the action was filed after the resulting maximum four-year period and Plaintiff alleged no additional facts supporting tolling.
3. Plaintiff was not entitled to equitable tolling because he did not allege facts showing that he was incapable of timely litigating his claims, that he acted in good faith and reasonably, or that refusing to apply the limitations period would avoid fundamental unfairness.

Questions Presented

1. Whether Plaintiff's Fourteenth Amendment claims under 42 U.S.C. § 1983 were barred by California's statute of limitations, including applicable statutory and equitable tolling.
2. Whether the Second Amended Complaint should be dismissed with prejudice at the screening stage for failure to state a timely claim.

Disposition

other