Meniooh

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RA 'TAH B. MENIOOH, Case No. 21-cv-08495-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

DENNIS GAGNON, et al., Re: Dkt. No. 33 Defendants.

Meniooh alleges that Eureka police officers Gagnon and Stanley violated his Fourth and Fourteenth Amendment rights on January 27, 2019, by racially profiling him and using excessive force. The complaint also alleges Monell liability against the city of Eureka and its former police chief, Watson, in his official capacity. (Watson is not named in the caption of the complaint, but this understanding of the complaint was agreed to by the plaintiff and counsel for all the defendants at the motion hearing on September 8.) This motion to dismiss was made on behalf of Eureka only. The complaint was filed on November 1, 2021, more than two and a half years after the alleged incident. In California, the statute of limitations for a section 1983 claim is two years. Lockett v. County of Los Angeles, 977 F.3d 737, 740 (9th Cir. 2020). Section 1983 does not provide its own statute of limitations, so federal law borrows the forum state’s…