Porter
Porter v. County of Santa Clara Sheriff's Office CA6
Opinion
Opinion
Lie, J.
I. BACKGROUND
A. Operative Complaints and Demurrers
On March 1, 2023, Porter filed two complaints against the county for personal injury. The first complaint (case No. H051865) alleged that on October 29, 2020, three deputy sheriffs assaulted Porter by pepper-spraying him, twisting his hands and wrists, and kneeling on the back of his neck while he was handcuffed. The second complaint (case No. H052052) alleged that on five earlier dates, different deputies assaulted and retaliated against Porter for filing internal grievances. Both complaints sought compensatory and punitive damages. Porter voluntarily amended the complaints on March 16, 2023 to add claims for intentional tort and civil rights violations under title 42, United States Code, section 1983.
2 Undesignated statutory references are to the Government Code.
2 The county demurred to each of the first amended complaints on grounds including that the claims fell outside the two-year statute of limitations for personal injury claims (Code Civ. Proc., § 335.1), and that Porter failed to timely comply with the claims presentation requirements of the Government Claims Act. The trial court in both cases sustained the…