Blodgett v. Barkwood
3:24-cv-00272
D. AlaskaApr 14, 2025Background
- Ricky Alan Blodgett, a self-represented prisoner, filed a lawsuit alleging Palmer Police Officer Barkwood used excessive force during a traffic stop while Blodgett was handcuffed, and Supervisor Clark failed to intervene.
- Plaintiff sought monetary damages and the resignations of both officers.
- The event giving rise to the claim occurred on November 7, 2021, and the complaint was filed on October 18, 2024.
- The case was initially filed in the Central District of California but was transferred to the District of Alaska.
- Upon mandatory screening under the Prison Litigation Reform Act, the court determined the claim was likely time-barred under Alaska’s two-year statute of limitations for personal injury actions.
- The court dismissed the complaint with leave to amend if Plaintiff can allege facts supporting equitable tolling or other grounds to avoid the statute of limitations bar.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Statute of Limitations | Suit is timely filed or subject to equitable tolling | Claim was filed nearly a year after 2-year SOL expired | Claim is time-barred; no tolling facts alleged |
| Equitable Tolling for Mental Incompetency | Impliedly entitled to tolling due to unspecified conditions | No facts alleged by Plaintiff for incompetency | No tolling warranted; Plaintiff failed to allege such facts |
| Equitable Tolling for Wrong Court Filing | Filing in wrong court should toll statute | First filing was in another federal court, not state court | Not applicable; initial federal filing date controls |
| Sufficiency of Complaint | Complaint should proceed to merits on facts alleged | Complaint lacks sufficient detail and timeliness | Dismissed, but leave granted to amend as per guidelines |
Key Cases Cited
- Bernhardt v. L.A. County, 339 F.3d 920 (9th Cir. 2003) (courts must construe pro se pleadings liberally)
- Wallace v. Kato, 549 U.S. 384 (2007) (section 1983 action accrual is a question of federal law)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (pleading standard for stating a plausible claim)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (plausibility requirement for complaints)
- Schreiber Distributing Co. v. Serv-Well Furniture Co., 806 F.2d 1393 (9th Cir. 1986) (futility standard for amendment)