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Besser v. Chapple

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA CENTRAL DIVISION


March 26, 2010

DONY BESSER, ET AL. PLAINTIFFS,
v.
SANDRA CHAPPLE, AN INDIVIDUAL; RICHARD WOLPER, AN INDIVIDUAL; CHARLES HAWKINS, AN INDIVIDUAL; EMPIRE CUSTOM HOMES, LLC, A UTAH LIMITED LIABILITY COMPANY; STERLING MOUNTAIN PROPERTIES DEER CANYON, LLC, A UTAH LIMITED LIABILITY COMPANY; MOUNTAIN LAKE VENTURES, LLC, A UTAH LIMITED LIABILITY COMPANY; SHELBY AHLSTROM, AN INDIVIDUAL; KIMBERLY BOWEN, AN INDIVIDUAL; RE/MAX ASSOCIATES, A BUSINESS ENTITY FORM UNKNOWN; RE/MAX ADVANTAGE, A BUSINESS ENTITY FORM UNKNOWN AND SUCCESSOR TO RE/MAX CANYONS; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

Plaintiffs, Christina Sandberg and Kay Sandberg, were represented by their counsel, Jeffrey LeBeau and Robert Damone, while the Defendants, City or Torrance, Keith Thompson, Ryan Galassi, Tyrone Gribben, Ronald Salary and Jeremiah Hart were represented by their counsel, Robert D. Acciani and Della Thompson-Bell.

After the plaintiffs' evidence was presented and they were fully heard on the issues, defendants moved the Court for a Judgment pursuant to Fed. Rule of Civ. Pro. Rule 50(a) of the Federal Rules of Civil Procedure.

The Court finds, as contained and fully set forth in its separately filed ORDER, that a reasonable jury would not have a legally sufficient evidentiary basis to find in the Plaintiffs' favor that any defendant used excessive force on Rodney Sandberg in violation of the Fourth Amendment and GRANTS Defendants' motion for judgment as a matter of law. The Court finds that Defendants are entitled to judgment as a matter of law on all of the Plaintiffs' claims for (1) excessive use of force, both deadly and non- deadly, as against Defendants Ryan Galassi, Tyrone Gribben, Jeremiah Hart, Ronald Salary and Keith Thompson, under 42 U.S.C. section 1983; (2) supervisory liability for excessive use of force as against Defendant Jeremiah Hart, under 42 U.S.C. section 1983; and (3) excessive use of force, both deadly and non-deadly, as against the City of Torrance, under 42 U.S.C. section 1983.

IT IS ORDERED, ADJUDGED AND DECREED that judgment is granted to the defendants, the plaintiffs take nothing, the action be dismissed on the merits, with prejudice, and Defendants shall recover their costs pursuant to a Bill of Costs to be filed.

20100326

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