A federal judge has tossed out a lawsuit filed by a woman against a former Simi Valley police officer who helped send her to jail, ruling that the suit was filed too late.
U.S. District Judge George King has ruled that Cheryl Borjon of Simi Valley failed to sue Officer David Steven Ming for alleged civil rights violations over her 1994 drug arrest within the one-year statute of limitations.
But Borjon's attorney, Suzanne Graves, said she plans to appeal the ruling next week to the U.S. 9th Circuit Court of Appeals by arguing that Borjon could not file the suit in a timely fashion because she was in jail at the time.
Ming arrested Borjon on May 18, 1994, on charges of being under the influence of methamphetamine.
Ming was later indicted, tried and found not guilty of a charge of perjury after fellow officers alleged he had lied on the stand while testifying about the arrest. Despite the acquittal, however, the department fired Ming on Dec. 27.