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Lopez v. Chertoff

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


September 25, 2009

JUAN CARLOS VALADEZ LOPEZ, PLAINTIFF,
v.
MICHAEL CHERTOFF, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior U.S. District Court Judge

ORDER Re: DEFENDANT DONALD LOWN'S MOTION FOR SUMMARY JUDGMENT [156]

Currently before the Court is Defendant Donald Lown's Motion for Summary Judgment as to the remaining allegations in Plaintiff's First and Sixth Causes of Action. Having considered all papers and arguments, THE COURT NOW FINDS AND RULES AS FOLLOWS:

The Court GRANTS Defendant Lown's Motion for Summary Judgment as to the remaining allegations set forth in the First and Sixth Causes of Action.

Summary judgment is appropriate when the pleadings, affidavits, and other supporting papers demonstrate that there are no genuine issues of material fact, and the moving party is entitled to prevail as a matter of law. Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). When making this determination, the Court must view the record in the light most favorable to the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986). A "genuine" dispute is one that is supported by evidence sufficient to permit a reasonable jury to find in favor of the nonmoving party. Id. at 247-48.

Having reviewed the matter, the Court finds that Defendant Lown had no individual supervision over, or training of, Defendant Van Zandt as alleged in Plaintiff's Fourth Amended Complaint. Furthermore, the Court finds that there are no genuine issues of material fact as to whether Defendant is liable in his official capacity on behalf of the Yolo County Public Defender's Office.

Plaintiff is unable to establish a genuine issue of material fact as to either Defendant Lown's individual or official capacity liability under 42 U.S.C. § 1983. Furthermore, and pursuant to Monell v. Dep't of Soc. Servs., 436 U.S. 658 (1978), Plaintiff's suit is properly alleged against the governmental entity itself. Maintenance of a suit against the Yolo County Public Defender's Office cannot be based on allegations against Defendant Lown in his official capacity.

Accordingly, the Court GRANTS Defendant Donald Lown's Motion for Summary Judgment as to the individual and official capacity claims in the First and Sixth Causes of Action.

As there are no remaining claims against Defendant Donald Lown, Lown is hereby dismissed from this lawsuit.

IT IS SO ORDERED.

20090925

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