The opinion of the court was delivered by: Honorable Ronald S.W. Lew Senior, U.S. District Court Judge
STATEMENT OF UNCONTROVERTED FACTS AND CONCLUSIONS OF LAW
After consideration of Defendants Aron Wolfe et al.'s ("Defendants") Motion for Partial Summary Judgment , this Court makes the following findings of fact and conclusions of law:
1. On May 15, 2004, Plaintiff was an inmate awaiting trial at Men's Central Jail on burglary and receipt of stolen property charges in criminal case LA045506. Defs.' Separate Stmt. of Undisputed Facts in Support of Mot. for Partial Summ. J. ("SUF") ¶¶ 1, 2.
2. On that day Plaintiff was involved in a physical altercation with several Los Angeles County Sheriff's deputies. Id. ¶ 2.
3. On November 10, 2004, Plaintiff was sentenced to two years (730 days) in prison on the burglary and receipt of stolen property charges in criminal case LA045506. Id. ¶ 3.
4. The criminal court granted Plaintiff a total credit of 393 days in custody, which included 262 days of actual pre-conviction custody and 131 days of good time/work time credit. Id.
5. On July 19, 2004, Plaintiff was criminally charged based on the events of May 15, 2004, but was acquitted by a jury on September 8, 2005. Id. ¶ 4; Jeff Price Decl., Ex. 3, at 1.
6. On September 14, 2005, the criminal court held a proceeding to hear Plaintiff's motion to modify his sentence imposed on November 10, 2004 for the case LA045506. Id. ¶ 5.
7. The criminal court granted Plaintiff's motion, and granted 463 additional custody credits, which included 309 actual days in custody and 154 days of good time/work time, for the time he was housed in county jail. Id.
8. The criminal court found that Plaintiff's total custody credits exceeded the prison sentence imposed and therefore ordered Plaintiff's release pursuant to California Penal Code section 11740(A)(3). Id.
9. The court deemed Plaintiff's sentence for case LA04556 served, and Plaintiff was released from custody the same day. Id.
1. In order to prevail on a § 1983 claim, the plaintiff must prove each of the following elements by a preponderance of the evidence: (1) the defendant acted under color of law; and (2) the acts of the defendant deprived the plaintiff of a ...