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Gonzalez v. City of Fresno

March 26, 2009

CAIN GONZALEZ, PLAINTIFF,
v.
CITY OF FRESNO, CHIEF JERRY DYER, COUNTY OF MADERA, SHERIFF 10, INCLUSIVE, JOHN ANDERSON AND DOES 1 THROUGH DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER Dispositive Motion Hearing Date: 5/11/09 10:00 Ctrm. 3 Pre-Trial Conference Date: 5/18/09 11:00 Ctrm. 3

I. Date of Scheduling Conference. March 25, 2009

Ctrm. 3 (JT-4 days) Trial Date: 6/23/09 9:00

II. Appearances Of Counsel

Cain Gonzalez appeared in pro se.

Also present was Bruce Nickerson, Esq. Weakley, Arendt & McGuire, LLP by James J. Arendt, Esq., appeared on behalf of Defendants.

III. Summary of Pleadings

1. This is a Further Scheduling Conference following the withdrawal, as attorney of record, of Bruce Nickerson, Esq.

2. At 5:00 a.m. on November 8, 2005, Fresno Police Officers were dispatched to 5235 E. Wildflower in response to a 911 call of a reported disturbance. When the Officers arrived, they found a car backed into the driveway of the residence and partially in the street. The officers saw two occupants in the car (later identified as Plaintiff and his brother, Mark Gonzalez ("Mark")).

3. Plaintiff and Mark quickly exited the car and immediately became confrontational, demanding that the officers leave. Plaintiff and Mark refused to identify themselves to the Officers who were attempting to investigate the reported disturbance. Ultimately, both were arrested for obstructing and delaying the officers in the performance of their duties. The Officers found several baggies of methamphetamine on Plaintiff and Mark when they were searched subsequent to their arrest. After their arrest, Plaintiff and Mark were booked into the Fresno County Jail.

4. On November 25, 2005, Plaintiff was transported from the Fresno County Jail to the Madera County Jail due to an outstanding Madera County warrant. While in custody, Plaintiff was involved in an altercation with another inmate resulting in a laceration to his ear and a partially ruptured ear drum.

5. As to the Fresno Defendants, Plaintiff, who is gay, alleges he was falsely arrested and that during the arrest, a Fresno Police Officer inserted a finger into his rectum and made derogatory comments about being a homosexual. Plaintiff claims that this conduct was due to a Fresno Police Department custom, policy and practice of discrimination against homosexuals. Plaintiff also alleges a custom, policy and practice of inadequate training, supervision and discipline of Fresno Police Officers. Plaintiff has not named any individual Defendants other than Defendant Dyer.

6. With respect to the Madera Defendants, Plaintiff claims that, pursuant to a conspiracy between the Fresno Police Department and Madera Sheriff's Department, he was placed in general population where it was likely he would be assaulted by other inmates. Plaintiff alleges this was due to a custom, policy and practice of the County of Madera. Plaintiff also alleges that the Madera Defendants ...


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