Sheldon Lockett v. County of Los Angeles
977 F.3d 737
9th Cir.2020Background
- On Jan. 15, 2016, two Los Angeles County Sheriff’s deputies arrested Sheldon Lockett; he alleges they used excessive force (punching, kicking, baton strikes, racial slurs) and permanently injured his eye.
- Lockett was charged with attempted murder on Jan. 20, 2016, held for eight months, and released after the charge was dismissed on Aug. 2, 2016.
- Lockett filed a § 1983 suit (including a Monell claim against the County) on July 3, 2018—more than two years after the arrest but within two years plus the eight-month period he was in custody.
- Lockett contends his suit was tolled while criminal charges were pending under California Government Code § 945.3.
- The County moved to dismiss the Monell claim as time-barred, arguing § 945.3 applies only to claims ‘‘based upon conduct of the peace officer’’ and not to municipal (departmental) claims.
- The district court denied dismissal, certified an interlocutory appeal, and the Ninth Circuit affirmed, holding § 945.3 tolled Lockett’s Monell claim because Monell liability depends on the officers’ constitutional violation (a but-for cause).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cal. Gov’t Code § 945.3 tolls a Monell claim while criminal charges are pending | § 945.3 tolled the claim because Monell is derivative of an underlying officer constitutional violation | § 945.3 applies only to claims "based upon conduct of the peace officer" and Monell is based on municipal policy, not officer conduct | Tolled: § 945.3 applies because Monell requires proving an officer’s constitutional violation, making officer conduct the but-for cause of the municipal claim |
| Meaning of "based upon" in § 945.3 (causal standard) | "Based upon" includes claims that arise because of officer conduct (a but-for causal link) | Urged a narrower reading limited to direct claims against officers | Court adopted a but-for/"because of" reading (guided by Safeco/Nassar), applying it to Monell claims |
Key Cases Cited
- Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978) (establishes municipal liability under § 1983 and elements for Monell claims)
- City of Los Angeles v. Heller, 475 U.S. 796 (1986) (a municipal damages claim cannot stand if the officer inflicted no constitutional harm)
- Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47 (2007) (interprets "based upon" as meaning "because of")
- Univ. of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338 (2013) (discusses ordinary meaning of "because of" and but-for causation)
- Dougherty v. City of Covina, 654 F.3d 892 (9th Cir. 2011) (sets Ninth Circuit Monell elements: policy, deliberate indifference, moving force)
- Torres v. City of Santa Ana, 108 F.3d 224 (9th Cir. 1997) (California § 945.3 tolling applies to § 1983 claims while criminal charges are pending)
- Fairley v. Luman, 281 F.3d 913 (9th Cir. 2002) (officer exoneration precludes municipal liability for the same alleged unconstitutional use of force)