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Garber v. Mohammadi

United States District Court, C.D. California

August 12, 2014

ROBERT GARBER, Plaintiff,
v.
MOHAMMADI, #36506, Lead-officer for the Los Angeles Police Department: et al., Defendants.

ORDER RE DISMISSAL OF CASE

DEAN D. PREGERSON, District Judge.

Plaintiff Robert Garber is a pro se litigant who sued various officers of the Los Angeles Police Department (hereinafter, "LAPD") in connection with an incident that occurred at Woodley Park, in the San Fernando Valley area of Los Angeles, on August 7, 2010, among other incidents. Following the court's decision on a Rule 12(b)(6) motion by the defendants, the only claim remaining before trial was an excessive force claim against a single LAPD officer, Defendant Hamed Mohammadi. (See Dkt. No. 95.) This Order explains the court's decision to grant Defendant Mohammadi's Rule 50 Motion for Judgment as a Matter of Law.

I. Background

Although the plaintiff is pro se, he is an experienced litigant. A review of the court's docket finds the following eight actions:

1. Robert Garber v. City of Los Angeles et al., 2:06-cv-05417-UA-RNB. Filed 08/28/06; closed 09/14/06.

2. Robert Garber v. Los Angeles City of et al., 2:06-cv-06232-DDP-RNB. Filed 09/29/06; closed 02/09/07.
3. Robert Garber v. David M. Heilman et al., 2:08-cv-03585-DDP-RNB. Filed 06/02/08; closed 02/18/09.
4. Robert Garber v. Jose Flores et al., 2:08-cv-04208-DDP-RNB. Filed 06/25/08; closed 06/10/09.
5. Robert Garber v. Attorney General of the State of California., 2:08-cv-05764-UA-RNB. Filed 09/04/08; closed 09/17/08.
6. Robert Garber v. Gildardo Vizcarra et al., 2:09-cv-05657-DDP-RNB. Filed 08/03/09; closed 09/29/11.
7. Robert Garber v. Mohammadi et al., 2:10-cv-07144-DDP-RNB. Filed 09/24/10; closed 07/30/14.
8. Robert Garber v. The City of Los Angeles et al., 2:07-cv-07254-DDP-RNB. Filed 11/05/07; closed 07/19/11.

Each of the eight suits was brought against police officers or concerned the conduct of the police. This court held a week-long jury trial with the plaintiff in the last case listed, in which the plaintiff represented himself in asserting an unreasonable force claim against two police officers.

The present case arose when, on the evening of August 7, 2010, Los Angeles Police Department ("LAPD") officers received a telephone call of an attempted kidnapping of a two-year-old child at Woodley Park. Multiple officers responded to the call, which was designated "Code 3, " meaning "lights and sirens." A police search helicopter was also dispatched to locate the suspect. At the time, ...


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