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Mitchell v. Orange County Sheriff Deputies11/4/2003
Robert Mitchell was attacked in the Orange County Men's Jail by a fellow inmate. The deputies he summoned for help stood by and permitted the attack to endure for approximately 10 minutes. Mitchell filed a complaint against the deputies, alleging violations of his civil rights, assault and battery, negligence, personal injury , and intentional and negligent infliction of emotional distress. He now appeals from an order of the superior court sustaining the Orange County Sheriff Deputies' demurrer without leave to amend.
Mitchell did not file his complaint against the deputies within a year of the incident. Because the controlling statute of limitations is the one year time-limit of former Code of Civil Procedure section 340, subdivision (3), the general personal injury statute, Mitchell's claim is time-barred. Accordingly, we affirm the trial court's order.
I. FACTS
On the evening of April 8, 2000, there was an incident at the Orange County Men's Jail. Stanley Holmes, an inmate, told Robert Mitchell, another inmate, to leave the cell or Holmes would kill him. Mitchell, believing Holmes, pressed the call button to report the threat to Deputy Porras who was in the watch station. Porras stated, "It don't look like nobody's dying. Don't push the call button." Holmes then attacked Mitchell with two shanks, stabbing him in the arms and body.
Mitchell fought back, screamed, called for help and was eventually able to press the call button again to report the attack. Porras electronically opened the cell door and Mitchell was able to flee to the upstairs tier. His momentary solace was shattered, however, by a renewed attack by Holmes, who managed to follow him to the higher tier.
Again, Mitchell fought Holmes off and fled down to the door of the dayroom where he pressed the call button and begged to be let in. Deputies Porras, Pavlu, Baugh, and Stockbridge did not open the door until Holmes had caught up to Mitchell and began attacking once more.
When Pavlu released the lock, Mitchell fell and struck his head on the concrete floor and Holmes continued his attack. Finally, Deputies Corvoisier and Demarest intervened. Upon arrival on the scene, the deputies pepper-sprayed, struck, kicked, and cuffed Mitchell until they were informed by Porras, Baugh, Pavlu, and Stockbridge that Mitchell was the victim.
The attack lasted for about 10 minutes.
Two years and one day later, on April 9, 2002, Mitchell filed his complaint against Deputies Porras, Baugh, Pavlu, Stockbridge, Corvoisier, and Demarest (also referred to as "the Orange County Sheriff Deputies"), alleging violations of his rights under the United States Constitution and its Eighth and Fourteenth Amendments and for assault and battery, negligence, personal injury , and intentional and negligent infliction of emotional distress. The deputies filed a demurrer based on Mitchell's failure to file his complaint within the one-year time limit specified by Code of Civil Procedure section 340, subd. (3). The trial court sustained the demurrer without leave to amend. Mitchell has now appealed.
II. DISCUSSION
Mitchell claims that he deposited his complaint in the prison mailing system on April 5, 2002, which would make his complaint timely if a two-year statue of limitations applied -- assuming, of course, that statutes of limitations governing civil cases are to be treated like notices of appeal in criminal cases. (Cf. In re Jordan (1992) 4 Cal.4th 116 [excusing late notice of appeal by incarcerated would-be appellants as long as timely delivered to prison authorities].)
We need not decide that question here. Mitchell's caus
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