Ellis
Ellis v. City of San Diego
Opinion
Lead Opinion
Reinhardt, J.
Terrence Ellis appeals from an order of the district court dismissing with prejudice his pro se complaint against various defendants for numerous civil rights violations and state-law intentional torts. His action stems from his arrest and a search of his body that occurred on September 11, 1993. Ellis’s complaint alleges that he was arrested in his home without a warrant, that the officers used excessive force in effectuating his arrest and that, in conjunction with ambulance and hospital personnel, they violated his rights by restraining him, sedating him into unconsciousness, taking blood from his arms, and inserting a catheter into his penis to extract a urine sample against his will and over his objections. He further alleges that the defendants had no cause or justification for their actions and that they engaged in some of them “simply because he was on parole.” The district court dismissed his complaint with prejudice after concluding that the action was barred by the statute of limitations.
Because the district court failed to apply the correct standards for tolling the statutes of limitations, we reverse as to Ellis’s federal law claims against all defendants. 1…
Concurrence in Part
Rymer, J.
concurring in part and dissenting in part:
While I agree with the majority’s resolution of the statute of limitations question, I dissent from Parts V and VI, which reach the MICRA and qualified immunity issues. Van Hoesen raises the MICRA issue for the first time on appeal, and the district court did not reach the qualified immunity issue. The record is unclear as to whether Ellis is alleging (or can show) that his injuries were related to Van Hoeseris provision of medical services or to her assumption of the function of a law enforcement official, or both. This could make a difference to proper resolution of both questions. Under these circumstances, we should decline to interpret MICRA and to decide qualified immunity until the record is more fully developed and the district court has had an opportunity to make the necessary factual findings.