Bassey Udom v. Daniel Fonseca

In this appeal we consider two questions: (1) what is the proper procedure for raising a claim that the applicable statute of limitations has been tolled; and (2) whether the district court abused its discretion in dismissing the case without prejudice because plaintiff did not file an amended complaint within the time allotted to him.

Facts

This appeal arises out of a civil rights suit brought by plaintiff against the City of Bell, the City of Cudahy, the council members of both cities, Bell-Cudahy’s Chief of Police, and several individual police officers. Bassey Udom, an immigrant from Nigeria, claims that on December 17, 1984, he was accosted by three police officers while in the City of Bell. Plaintiff alleges that he was beaten by these three officers and shot with an electronic stun gun called a Tazer. Plaintiff also alleges a conspiracy to deprive him of his civil rights, claiming that each predicate act of this conspiracy was part of the policies, customs and practices of the Cities of Bell and Cudahy, and of the Bell-Cudahy police department.

Defendants did not file an answer to Udom’s complaint; instead, they moved to dismiss, arguing that plaintiffs claim was…