Hernandez

The plaintiffs appeal from the district court’s dismissal of Hernandez v. City of El Monte (“Hernandez ”) for judge-shopping and lack of prosecution. The plaintiffs appeal from the district court’s dismissal of Garza v. City of El Monte (“Garza ”) for judge-shopping and failure to timely file within the statute of limitations. We have jurisdiction under 28 U.S.C. § 1291 . We reverse the dismissal of Hernandez. We affirm the dismissal of Garza, without prejudice.

FACTS AND PRIOR PROCEEDINGS

The Hernandez and Garza actions involve the same events and the same parties. The plaintiffs in each case are Spanish-speaking individuals who attended a party at a private residence in El Monte, California, on the evening of June 11, 1994. Shortly before midnight, El Monte police officers arrived at the scene in response to a complaint about a loud party at the same location. The plaintiffs allege that the police officers addressed them in English, a language that the plaintiffs do not understand, and became irritated when the plaintiffs failed to respond to the officers’ commands. According to the plaintiffs, the police officers then attacked them with their fists, batons, flashlights, and…