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Fuentes v. County of Los Angeles

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


February 25, 2010

LUZ FUENTES, ETC., PLAINTIFFS,
v.
COUNTY OF LOS ANGELES; ET AL., DEFENDANTS.
LUZ FUENTES, ET AL., PLAINTIFFS,
v.
WARDEN HAWS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Audrey B. Collins

[PROPOSED] JUDGMENT

The Court having entered an Order granting the motions for summary judgment by Defendants COUNTY OF LOS ANGELES, SHERIFF LEROY D. BACA, ASSISTANT SHERIFF MARVIN O. CAVANAUGH, CHIEF MARK L. KLUGMAN, CHIEF SAMMY L. JONES, ROBERT FISH, PH.D., CHIEF NEAL TYLER, SERGEANT DAN BELLAND and CHIEF CARL DEELEY (hereinafter "Defendants") in part, and dismissing without prejudice the state law claims brought by Plaintiff LUZ FUENTES, individually and as the Successor in Interest of Jose Daniel Cruz, aka, Jose Daniel Cruz Fuentes, Edgar Jimenez, and Jose Garcia, Deceased (hereinafter "Plaintiff"),

IT IS ORDERED AND ADJUDGED AS FOLLOWS:

1. Judgment is entered in favor of the Defendants and against Plaintiff as to the First Cause of Action under 42 U.S.C. § 1983 for deliberate indifference to risk of harm in violation of the Eighth and Fourteenth Amendments.

2. Judgment is entered in favor of Defendants and against Plaintiff as to the Second Cause of Action under 42 U.S.C. § 1983 for deprivation of familial relationship in violation of the First and Fourteenth Amendments.

3. The Fourth Cause of Action under California law for negligence against Defendants is dismissed without prejudice.

4. The Fifth Cause of Action under California law for wrongful death against Defendants is dismissed without prejudice.

5. Defendants shall be entitled to costs of suit incurred herein.

Honorable Audrey B. Collins United States District Court Judge

20100225

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