Wilson

ORDER:

(1) GRANTING IN PART AND DENYING IN PART DEFENDANT CITY OF SAN DIEGO’S MOTION TO DISMISS (ECF No. 4); AND

(2) GRANTING DEFENDANT CHRISTOPHER R. HAYS’S MOTION TO DISMISS (ECF No. 14)

Plaintiff Melanie Wilson commenced this action against Defendants Christopher R. Hays and the City of San Diego on May 13, 2016, alleging violations of her civil rights pursuant to 42 U.S.C. § 1983 and Monell v. Department of Social Services of City of New York, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). This action arises from an incident in December 2013 where Plaintiff alleges Defendant Hays, a San Diego Police Department Officer at the time, sexually battered her after giving her a ride home and then taunted her for an hour and a half. Defendants separately move to dismiss Plaintiffs claims on the ground that they are time barred by the statute of limitations. (ECF Nos. 4, 14.) Plaintiff opposes. (ECF Nos. 5,15.)

The Court finds these motions suitable for determination on the papers submitted and without oral argument. See Fed. R. Civ. P. 78(b); Civ. L.R. 7.1(d)(1). For the following reasons, the Court GRANTS IN PART and DENIES IN PART the City’s motion to dismiss and GRANTS…