BRESLIN v. CITYANDCOUNTY OF SAN FRANCISCO PART II
Pendency of civil action against peace officer tolls one year period in which factually related departmental misconduct charges may be brought under Public Safety Officers Procedural Bill of Rights Act regardless of whether the civil action impacted on the misconduct investigation. Pendency of civil action does not toll one year period with respect to officers who were not named defendants in the action even if they could have been named by amendment as Doe defendants. Statutory provision tolling limitations period where the alleged misconduct is the subject of a multijurisdictional investigation does not apply where the only agencies involved are the police department and an independent civilian complaint investigating agency of the city and both are under jurisdiction of a single entity, such as city police commission, with power to require coordination of the investigations. Provision allowing reasonable tolling during investigation of multiple officers could not be applied given unreasonableness of delaying filing of charges against those officers during period that another officer was defendant in a civil suit based on incident involving all the officers. Delay of 10 months in bringing charges against officer cleared in civil suit was unreasonable and could not support tolling under multiple-officer rule where time in which to charge other officers involved in incident had expired while suit was pending.
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