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Toomer v. County of Los Angeles

United States District Court, C.D. California

December 19, 2014

JERMAINE TOOMER, an Individual, Plaintiff,
v.
COUNTY OF LOS ANGELES, a public entity; LEROY BACA, Individually and in his Official Capacity as Sheriff of the Los Angeles County Sheriff's Department; LAWRENCE SWANSON, an Individual; JONATHAN BRANHAM, an Individual; and DOES 1-25, Inclusive, Defendants.

RICKEY IVIE, DAVIDA M. FRIEMAN, IVIE, McNEILL & WYATT, Los Angeles, CA, Attorneys for Defendants, County of Los Angeles, Jonathan Branham and Lawrence Swanson

ORDER RE: UNCONTROVERTED FINDINGS OF FACTS AND CONCLUSIONS OF LAW Re GRANTING OF DEFENDANTS MOTION FOR SUMMARY ADJUDICATION

MANUEL L. REAL, District Judge.

ORDER

Before the Court is Defendants' County of Los Angeles, Deputy Swanson and Deputy Branham's (collectively "Defendants") Motion for Summary Adjudication [Docket #18] filed on September 19, 2014. Having read and considered the moving and opposing documents, the Court hereby finds the following Uncontroverted Findings of Fact and Conclusions of Law:

a) Uncontroverted Findings of Fact:
1. There is no genuine dispute of material fact to support the Plaintiff's claim that Deputy Branham fired his gun at the Plaintiff.
2. There is no genuine dispute of material fact to support the Plaintiff's claim that Deputy Branham engaged in any physical contact with Plaintiff.
3. There is no genuine dispute of material to support the Plaintiff's claim that Deputy Branham engaged in the use of excessive force against the Plaintiff.
4. There is no genuine dispute of material fact to support Plaintiff's Fourth Cause of Action for Excessive Force under Section 1983 against Deputy Branham. Plaintiff's Fourth Cause of Action against Deputy Branham is dismissed.
5. There is no genuine dispute of material fact to support the Plaintiff's Fifth Cause of Action for Excessive force (§1983) Monell. Defendants Motion for Summary Adjudication on the Fifth Cause of Action is granted in its entirety.
6. There is no genuine dispute of material fact to support the Plaintiff's Sixth Cause of Action for Failure to Properly Screen and Hire 42 U.S.C. (§1983) Monell. Defendants Motion for Summary Adjudication on the Sixth Cause of Action is granted in its entirety.
7. There is no genuine dispute of material fact to support the Plaintiff's Seventh Cause of Action for Failure to Train, Supervise and Discipline (§1983) Monell. Defendants Motion for Summary Adjudication on this cause of action is granted in its entirety.
8. Plaintiff's allegation of a single constitutional deprivation is insufficient to establish a longstanding practice or custom for purposes of Monell liability.
9. There is no genuine dispute of material fact to support the Plaintiff's claim that Defendants acted pursuant to any policy, custom or practice that resulted in ...

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