A two-year statute of limitations window has expired, preventing a civil rights lawsuit against the city of Simi Valley, California from moving forward. The lawsuit, filed by Narcotics detective Kevin Duncan, stems from an incident in 2009. The officer claims he was the victim of retaliation from the department, a direct result of his outspokenness during police union contract negotiations. Judge R. Gary Klausner dismissed the suit, due to the suit being filed too late after the incident allegedly happened.
The suit, which also named Mike Lewis, the Simi Valley Police Chief, should have been filed by March of 2012 at the latest but wasn’t until this year. According to Duncan, he was unaware of when the statute began. In January of 2011, he was informed by the city that it planned to discipline him. In February of 2012, he was made aware that he was to be suspended for 40 hours. Duncan claims he was unsure which of the two incidents marked the beginning of the statute. Simi Valley attorney Richard Terzian stated that the statute actually began in March of 2010 when the city placed Duncan on administrative leave.
Contact a highly-skilled attorney specializing in employment defense from the law office of Roerig, Oliveira & Fisher, LLP at 956.393.6300 for our McAllen office or 956.542.5666 for our Brownsville office.