Sterling Usher v. City of Los Angeles, Richard A. Gonzales, Michael E. Melton, Jose E. Ramirez, Joe Rios, and Robert L. Vann

Sterling Usher brought suit against the City of Los Angeles and five police officers for violation of his civil rights under 42 U.S.C. § 1983 (1982), and for conspiracy to violate his civil rights under 42 U.S.C. § 1985 (2) and (3) (1982). Usher’s suit arises from the events surrounding an arrest that occurred one year and nineteen days prior to the filing of his complaint. Between the time of the arrest and the complaint, the Supreme Court decided Wilson v. Garcia, 471 U.S. 261 , 105 S.Ct. 1938 , 85 L.Ed.2d 254 (1985), which had the effect of shortening the statute of limitations for section 1983 actions in California from three years to one year. The district court, applying Wilson retroactively, dismissed Usher’s section 1983 claim as time-barred. The court also dismissed, for failure to state a claim, his section 1985 claims and his section 1983 claim for malicious prosecution. We reverse.

I. Facts

Usher, a black male and a civilian employee of the Los Angeles Police Department, was arrested on November 1, 1984, by Los Angeles police officers who responded to a complaint that he had broken a window in his apartment. He was taken in handcuffs to a police station where he…