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Estate of James Garcia v. City of Sacramento

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 14, 2012

ESTATE OF JAMES GARCIA,
PLAINTIFF,
v.
CITY OF SACRAMENTO, RICK BRAZIEL, AND GARY DAHL DEFENDANTS.

The opinion of the court was delivered by: Hon. John A. Mendez United States District Court Judge

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Defendants CITY OF SACRAMENTO, GARY DAHL and RICK BRAZIEL's Motion for Summary Judgment was heard by the Court on June 13, 2012. Plaintiff ESTATE OF JAMES GARCIA was represented by Stewart Katz. Defendants CITY OF SACRAMENTO, GARY DAHL and RICK BRAZIEL were represented by Senior Deputy City Attorney Sheri M. Chapman.

On consideration of the moving and opposition papers, all the evidence and the inferences reasonably deducible therefrom, the Court determines Defendants' Motion for Summary Judgment should be granted in part and denied in part, as follows.

IT IS HEREBY ORDERED that:

1. Defendants' objections to Plaintiff's evidence are overruled.

2. Defendants' Motion for summary adjudication of the first claim for relief alleging an unreasonable seizure and excessive force pursuant to 42 U.S.C. Section 1983 in favor of Defendant GARY DAHL is denied.

3. Defendants' Motion for summary adjudication of the second and third claims for relief alleging the promulgation of unlawful policies, procedures, and practices pursuant to 42 U.S.C. Section 1983 in favor of Defendant CITY OF SACRAMENTO is denied.

4. Defendants' Motion for summary adjudication of the second and third claims for relief alleging promulgation of unlawful policies, procedures, and practices pursuant to 42 U.S.C. Section 1983 in favor of Defendant RICK BRAZIEL is granted.

5. Defendants' Motion for summary adjudication of the fourth claim for relief alleging failure to provide adequate training and supervision pursuant to 42 U.S.C. Section 1983 in favor of Defendants CITY OF SACRAMENTO and RICK BRAZIEL is denied.

6. In light of the Court's ruling on the federal claims for relief, Defendants' request the Court decline to exercise supplemental jurisdiction over the fifth, sixth and seventh claims for relief alleged pursuant to state law is denied.

7. Defendants' Motion for summary adjudication of Plaintiff's claim for damages for pain and suffering in favor of Defendants CITY OF SACRAMENTO, GARY DAHL and RICK BRAZIEL is granted.

8. Defendants' Motion for summary adjudication of Plaintiff's claim for punitive damages in favor of Defendant GARY DAHL is denied.

9. Defendants' Motion for summary adjudication of Plaintiff's claim for punitive damages against Plaintiff and in favor of Defendant RICK BRAZIEL is unopposed and is granted.

10. The Court grants summary adjudication of the seventh claim for relief alleging a violation of California Civil Code section 3342 in favor of the CITY OF SACRAMENTO.

IT IS SO ORDERED.

John A. Mendez

Approved as to form.

Dated: June 13, 2012 /s/ Stewart Katz STEWART KATZ Attorneys for Plaintiff ESTATE OF JAMES GARCIA

20120614

© 1992-2012 VersusLaw Inc.



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