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Titus v. City & County of San Francisco

United States District Court, N.D. California

December 22, 2014

LAVERNON TITUS, Plaintiff,
v.
CITY AND COUNTY OF SAN FRANCISCO, et al., Defendants

For LaVernon Titus, Plaintiff: Jonathan Donald Matthews, LEAD ATTORNEY, Attorney at Law, Mill Valley, CA; William R. Hopkins, LEAD ATTORNEY, Law Office of William Hopkins, Tiburon, CA.

For City and County of San Francisco, a municipal corporation, Brady, Police Officer, Andrew Johnson, Police Officer, Eric Vintero, Police Officer, Defendants: Elizabeth M. Pederson, LEAD ATTORNEY, Office of the City Attorney, San Francisco, CA.

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT Re: ECF No. 42

JON S. TIGAR, United States District Judge.

Before the Court is a motion for summary judgment filed by the City and County of San Francisco, San Francisco Police Department Officers Andrew Johnson, Eric Vintero, and Patrick Brady. ECF No. 42. The Court will grant Defendants' motion.

I. BACKGROUND

A. Factual History

For the purposes of summary judgment, the Court assumes the following facts pursuant to Plaintiff's First Amended Complaint, ECF No. 40 (" FAC").[1] Plaintiff was driving his work truck to Veteran's Administration Hospital when he was stopped by Officer Eric Vintero on May 7, 2012. ECF No. 40 at 4-5. Officer Vintero told Plaintiff that he was pulled over because he did not stop at a stop sign. Id. at 5. Plaintiff informed Officer Vintero that he was on his way to the hospital because he was a diabetic and was feeling very sick. Id. Plaintiff " was sweating, weak and visibly shaking and was swaying when he stood." Id.

Officer Vintero only instructed Plaintiff to remain in the truck. Id. Officers Andrew Johnson and Patrick Brady arrived at the scene, at which time Officer Vintero ordered Plaintiff out of his vehicle.[2] Id. Plaintiff was ordered to place his hands on the hood and spread his legs, and then was told to stand on the sidewalk. Id. Officer Vintero allowed Plaintiff to sit when Plaintiff reiterated that he felt sick. Id. Plaintiff alleges that the Officers were rude and yelled at him. Id. at 6. Plaintiff was in custody for a total of about 40 minutes. Id. at 4.

The officers subsequently had Plaintiff's car towed, but allowed Plaintiff leave with a citation. Id. Plaintiff asked for a ride to the hospital; the Officers refused because it was " only two blocks away." Id. at 6. Plaintiff walked to the hospital and was taken in for examination, but alleges that " the risk of being detained could have caused Plaintiff to have a stroke given his high level of sugar." Id.

B. Procedural History

Plaintiff filed his initial complaint in San Francisco Superior Court, and Defendants removed the case pursuant to 28 U.S.C. § 1441. Plaintiff was granted leave to amend his initial complaint, and in August 2014 Plaintiff filed his FAC, alleging that Defendants were liable for intentional infliction of emotion distress and deliberate indifference to his medical needs under Section 1983, in violation of his Fourteenth Amendment rights. ECF No. 40 at 6-9. Defendants filed this motion for summary judgment. ECF No. 42.

C. Jurisdiction

This Court has subject-matter jurisdiction under 28 U.S.C. ยง 1331 because Plaintiff's cause of action arises ...


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