Wilcher

ORDER DISMISSING ACTION AS TO DEFENDANT CITY OF OAKLAND

This is an action, brought under 42 U.S.C. § 1983 , which seeks redress for alleged brutalities committed by members of the Oakland Police Force against members of the black community on or about July 28, 1968.

Defendants have laid two motions before this Court. The first argued that certain of the plaintiffs were barred by the one-year limitations period of Cali fornia Govt.Code § 945.6. Recent decisions by the Ninth Circuit Court of Appeals, however, have applied a three-year limitations period for actions founded upon the civil rights statutes. Smith v. Cremins, 308 F.2d 187 , 98 A.L.R.2d 1154 (1962); Willis v. Reddin, 418 F.2d 702 (1969). Defendants’ motion based upon the applicable limitations period has accordingly been withdrawn.

Defendants next move that the action be dismissed as to the City of Oakland. They cite Monroe v. Pape, 365 U.S. 167 , 81 S.Ct. 473 , 5 L.Ed.2d 492 (1961) to the effect that only “persons” may be sued under the Civil Rights Act. 42 U.S.C. § 1983 (R.S. § 1979). The decision in Monroe is clear, at least as to the question of municipal liability. The Supreme Court, divided on many of the…