Nares

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JEREMIAH NARES, Case No. 22-cv-07497-AGT

Plaintiff,

ORDER ON MOTION TO DISMISS

v. Re: Dkt. No.

CITY AND COUNTY OF SAN

FRANCISCO,

Defendant.

Jeremiah Nares’s claims arise from events that took place on May 31, 2020, when Nares participated in a protest following George Floyd’s death. Nares alleges that during the protest, an unnamed San Francisco police officer used excessive force against him (shooting Nares with a “less lethal firearm”) and retaliated against Nares’s free speech. FAC ¶¶ 25, 35. Nares seeks damages from the City and County of San Francisco (CCSF) under 42 U.S.C. § 1983. CCSF has moved to dismiss Nares’s claims, asserting that the claims are time barred. Nares filed his complaint on November 28, 2022, two-and-a-half years after his claims accrued. Under the two-year statute of limitations, Nares’s claims are indeed time barred—even though the statute of limitations was temporarily tolled by a state emergency rule that applied during the COVID-19 pandemic. The Court will grant CCSF’s motion to dismiss. * * * Nares maintains that his claims accrued on June 1, 2020, the day…