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Sandberg v. City of Torrance

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 29, 2010

CHRISTINA SANDBERG, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF RODNEY SANDBERG, KAY SANDBERG, AN INDIVIDUAL AND MONE SELF, AN INDIVIDUAL, PLAINTIFF,
v.
CITY OF TORRANCE, KEITH THOMPSON, RYAN GALASSI, TYRONE GRIBBEN, RONALD SALARY AND JEREMIAH HART, INDIVIDUALLY AND AS PEACE OFFICERS, DEFENDANTS.

NOTE: CHANGES MADE BY THE COURT

AMENDED JUDGMENT

On March 16, 2010, a jury was sworn, and a trial commenced in this action.

Plaintiffs, Christina Sandberg and Kay Sandberg, were represented by their counsel, Jeffrey O. Le Beau and Robert P. Damone, while the defendants, City of 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, the defendants moved the Court for judgment as a matter of law pursuant to 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 the defendants' motion for judgment as a matter of law. The Court finds that the 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. § 1983; (2) supervisory liability for excessive use of force as against defendant Jeremiah Hart, under 42 U.S.C. § 1983; and (3) excessive use of force, both deadly and non-deadly, as against the City of Torrance, under 42 U.S.C. § 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 the defendants shall recover their costs pursuant to a Bill of Costs to be separately filed and served.

20100329

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