Michael Leroyce Bacon v. City of Los Angeles

Bacon appeals from a summary judgment against him in his civil rights action brought against ten police officers and the City of Los Angeles. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

Bacon commenced his litigation in state court. On March 15, 1982, he filed a complaint for damages in the Los Angeles Superior Court. He asserted causes of action for battery, negligent employment, and violation of federal civil rights. Named defendants included the City of Los Angeles and the police officers. Bacon alleged that the police officers had used excessive force in arresting him on June 17, 1981.

Trial was set for January 17, 1987 in the Superior Court. At that time, Bacon was confined at the California State Medical Facility at Vacaville. On January 12, Bacon moved for a continuance until February 24 on the ground that his trial counsel was engaged in three other trials. The court continued Bacon’s trial until January 26, to allow another attorney to prepare as trial counsel.

Bacon’s attorney then began efforts to secure Bacon’s presence at trial. On January 14, he filed an application for an order for Bacon’s production at trial. The court apparently did not rule on this…

dissenting.

California courts have yet to articulate a clear standard for determining whether a party has acted in “good faith” for purposes of equitable tolling. The defendants contend that no finding of good faith can be made when a plaintiff begins litigation in one court, then voluntarily dismisses the action and refiles it in another court. Although none of the cases cited in the briefs present an identical posture, the California Supreme Court has applied equitable tolling in a case in which the plaintiff voluntarily abandoned an administrative proceeding to pursue her claim in court. See Jones v. Tracy School Dist., 27 Cal.3d 99, 108-09 , 165 Cal.Rptr. 100, 104-05 (1980) (plaintiff complained to the United States Department of Labor, then — for reasons not revealed by the record — abandoned her federal claim and filed an action in state court under the California Labor Code). In light of the clear policy behind the equitable tolling doctrine — “avoiding forfeitures and allowing good faith litigants their day in court,” Addison v. California, 21 Cal.3d 313, 320-21 , 146 Cal.Rptr. 224, 228 , 578 P.2d 941, 944-45 (1978) — I find Jones indistinguishable.

In Addison , the…

843 F.2d 372 Michael LeRoyce BACON, Plaintiff-Appellant, v. CITY OF LOS ANGELES, et al., Defendants-Appellees. No. 87-5848. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 10, 1987. Decided March 31, 1988. Timothy J. Midgley, Hugh R. Manes, Manes & Watson, Los Angeles, Cal., for plaintiff-appellant. Jack L. Brown, Deputy City Atty., Los Angeles, Cal., for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before SNEED and PREGERSON, Circuit Judges, and INGRAM, * District Judge. SNEED, Circuit Judge: 1 Bacon appeals from a summary judgment against him in his civil rights action brought against ten police officers and the City of Los Angeles. We affirm. I. FACTS AND PROCEDURAL BACKGROUND 2 Bacon commenced his litigation in state court. On March 15, 1982, he filed a complaint for damages in the Los Angeles Superior Court. He asserted causes of action for battery, negligent employment, and violation of federal civil rights. Named defendants included the City of Los Angeles and the police officers. Bacon alleged that the police officers had used excessive force in arresting him on June 17, 1981. 3…