Best v. Virgil Smith
4:19-cv-02252
| N.D. Cal. | Jul 30, 2021Background
- Brian Best was arrested April 24, 2017 and held until April 25, 2017; he filed this Section 1983 excessive‑force suit on April 25, 2019.
- Best alleges Defendant Deputy Virgil Smith applied a rear‑naked choke/carotid hold, drove him to the ground, and rendered him briefly unconscious while Best was not resisting.
- Smith contends he abandoned a carotid hold when Best moved, used only a shoulder/control hold, pushed Best down, and that Best never lost consciousness or posed a threat.
- Smith moved for summary judgment on three grounds: statute of limitations, objective reasonableness of force, and qualified immunity.
- The court found disputed material facts as to the nature/extent of force and whether Best resisted or posed a threat, applied California tolling for incarceration, and denied summary judgment on all three grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of limitations | Claim timely because California tolling during incarceration delayed accrual until Best's release (Apr 25, 2017) | Claim is time‑barred | Denied; California tolling §352.1 applies; limitations expired Apr 25, 2019 (filing date) |
| Objective reasonableness / excessive force | Smith used a carotid choke, rendered Best unconscious while Best was non‑resisting | Smith used only a control/shoulder hold, Best resisted and never lost consciousness | Denied; genuine disputes of material fact exist about force and threat level |
| Qualified immunity | Barnard and controlling precedent make it clearly established that chokeholds on non‑resisting arrestees are unconstitutional | Entitled to immunity because actions were reasonable or not clearly established | Denied; assuming Best's version, excessive force claim is plausible and Barnard shows the right was clearly established |
Key Cases Cited
- TwoRivers v. Lewis, 174 F.3d 987 (9th Cir. 1999) (Section 1983 borrows state personal‑injury statute of limitations)
- Maldonado v. Harris, 370 F.3d 945 (9th Cir. 2004) (statute‑of‑limitations principles applied to §1983 claims)
- Wilson v. Garcia, 471 U.S. 261 (U.S. 1985) (federal claims borrow state limitations)
- Hardin v. Straub, 490 U.S. 536 (U.S. 1989) (federal courts must give effect to state tolling rules)
- Elliott v. City of Union City, 25 F.3d 800 (9th Cir. 1994) (arrest‑triggered tolling continues during incarceration)
- Boag v. Chief of Police, 669 F.2d 587 (9th Cir. 1982) (same; tolling while incarcerated)
- Barnard v. Theobald, 721 F.3d 1069 (9th Cir. 2013) (officers not entitled to immunity for chokehold on non‑resisting arrestee)
- Anderson v. Creighton, 483 U.S. 635 (U.S. 1987) (clearly established law standard for qualified immunity)
- Torres v. City of Los Angeles, 548 F.3d 1197 (9th Cir. 2008) (qualified immunity is a legal question)
- CarePartners, LLC v. Lashway, 545 F.3d 867 (9th Cir. 2008) (elements of qualified immunity inquiry)