Avery
Avery v. Arreola
Opinion
Trial Court Opinion
1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 JEFFREY AVERY, Case No. 22-cv-08940-SI
Plaintiff,
ORDER GRANTING DEFENDANTS’
v. MOTION FOR SUMMARY
JUDGMENT
RAFAEL ARREOLA, et al., Re: Dkt. No. 60 Defendants.
10 Defendants have moved for summary judgment on statute of limitations grounds. The Court held a hearing on April 19, 2024. For the reasons set forth below, the Court GRANTS defendants’ motion. 14 BACKGROUND Plaintiff Jeffrey Avery brings this civil rights complaint against Bay Area Rapid Transit (“BART”) police officers Rafael Arreola, N. Washam, M. Norriega, and R. Martinez (collectively, “defendants”). The operative complaint lists three causes of action under 42 U.S.C. § 1983, for violation of plaintiff’s Fourth Amendment rights: false arrest, excessive force, and unlawful search. See Dkt. No. 32 (“SAC”). Although some of the following facts are contested, the Court recites them here as context for the summary judgment…