United States District Court, N.D. California, San Jose Division
ORDER GRANTING MOTION TO STAY PENDING RESOLUTION OF
RELATED CRIMINAL PROCEEDINGS Re: Dkt. No. 26
H. KOH United States District Judge
Rikki Martinez (“Plaintiff) brings this suit against
Defendants County of Santa Clara and correctional officers
Salvadore Jacquez, Jon Quiro, Jason Satariano, Eamonn Dee,
Adam Torrez, Elmer Wheeler, and Matthew Tracey (collectively,
“Defendants”). Before the Court is
Defendants' Motion to Stay Pending Resolution of Related
Criminal Proceedings. ECF No. 26 (“Mot.”).
Pursuant to Civil Local Rule 7-1(b), the Court finds this
matter appropriate for resolution without oral argument and
vacates the hearing scheduled for May 25, 2017. Having
considered the parties' briefing, the relevant law, and
the record in this case, the Court GRANTS Defendants'
Motion to Stay Pending Resolution of Related Criminal
complaint alleges that correctional officers Salvadore
Jacquez, Jon Quiro, Jason Satariano, Eamonn Dee, Adam Torrez,
and Elmer Wheeler (collectively, “correctional
officers”) engaged in “extrajudicial
punishment” of Plaintiff. ECF No. 1
(“Compl.”). The remaining correctional officer
Defendant, Matthew Tracey, allegedly took part in a
conspiracy to cover up the extrajudicial punishment.
Plaintiff's complaint alleges the following facts.
was an inmate at the Elmwood Men's Correctional Facility
(“Elmwood”). Compl. ¶ 15. On April 18, 2016,
at 4:00 p.m., Plaintiff allegedly kicked a correctional
officer in the face. Id. ¶ 16. As a result,
Plaintiff was transferred from Elmwood to the Main Jail
Facility. Id. ¶ 20. Defendant Elmer Wheeler
allegedly learned of Plaintiff's transfer and the reason
for the transfer. Id. ¶ 19. Elmer Wheeler
informed correctional officers Jacquez, Quiro, Satariano,
Dee, and Torrez, about Plaintiff's transfer to Main Jail
and the assault on a correctional officer at Elmwood.
Id. ¶¶ 21-22. The complaint alleges that
“Wheeler conspired with Jacquez, Quiro, Satariano, Dee,
and Torrez to give [Plaintiff] a beating as punishment”
for kicking the Elmwood correctional officer. Id.
arrived at the Main Jail around 9:12 p.m. Id. ¶
37. During booking, Plaintiff allegedly was agitated.
Id. ¶¶ 46-47. After booking Plaintiff,
Wheeler instructed Quiro and Satariano to escort Plaintiff
upstairs to Plaintiff's cell on the fourth floor, Pod 2,
and told another correctional officer who is not a defendant
in this action to stay behind. Id. ¶ 51.
Jacquez joined Quiro, Satariano, and Wheeler in escorting
Plaintiff upstairs. Id. ¶ 52.
reaching the fourth floor, Pod 2, Plaintiff was brought to
cell 25. Id. ¶ 61. Dee and Torrez were waiting
near cell 25. Id. ¶ 60.
placed Plaintiff in cell 25 and made Plaintiff kneel on the
bunk in the cell. Id. ¶ 65. Quiro removed
Plaintiff's leg shackles. Id. ¶ 68. Quiro
then removed the shackles on Plaintiff's left hand, and
Jacquez then put Plaintiff's left hand behind
Plaintiff's back. Id. ¶ 73. Even though
Plaintiff allegedly “never once grabbed Jacquez'
hand, ” Jacquez began shouting: “Let go of my
hand!” Id. ¶ 75. Jacquez and the other
officers allegedly pushed Plaintiff face down onto the
mattress of the bunk. Id. ¶ 82. Jacquez
continued yelling that Plaintiff was gripping Jacquez's
hand, while Plaintiff yelled: “Help, help!”
Id. ¶ 85. Satariano and Martinez allegedly held
Plaintiff's neck down on the bunk while Jacquez punched
Plaintiff in the face three to five times. Id.
¶ 86. After about 20 seconds, Jacquez backed away, and
Torrez allegedly moved in and struck Plaintiff twice with a
fist. Id. ¶ 92. Plaintiff was beaten for a
period of over one minute. Id. ¶ 95.
result of the beating, Plaintiff suffered head trauma, which
included swelling of his right eye, contusions, a bloody
nose, and a swollen and reddish-bluish discoloration of his
right ear. Id. ¶ 99. Plaintiff also chipped his
tooth, lost consciousness, and defecated and urinated on
himself while he was being beaten. Id. ¶ 100.
filed an administrative grievance about the beating.
Id. ¶ 108. Correctional officer Defendant
Matthew Tracey investigated the grievance. Id.
¶ 111. After Tracey spoke with Plaintiff about the
beating, Tracey and Jacquez walked by Plaintiff's cell
and stared at Plaintiff in “an open and notorious act
of intimidation.” Id. On July 12, 2016,
Plaintiff's administrative grievance was denied.
Id. ¶ 113.
October 4, 2016, Plaintiff filed the instant suit.
See Compl. Plaintiff alleges five claims: (1) a
claim under 42 U.S.C. § 1983 against Jacquez, Quiro,
Satariano, Dee, Torrez, and Wheeler for cruel and unusual
punishment and use of excessive force, (2) a claim under
§ 1983 against the County of Santa Clara for policies
and practices that cause cruel and unusual punishment, (3) a
common law claim for conspiracy between Jacquez, Quiro,
Satariano, Dee, Torrez, and Wheeler, (4) a common law claim
for conspiracy between Jacquez and Tracey, and (5) a claim
under California Civil Code § 52.1 against Jacquez,
Quiro, Satariano, Dee, Torrez, Wheeler, and the County of
Santa Clara for violation of Plaintiff's federal and
state constitutional rights. Id. ¶¶
on the above-described incidents, on November 16, 2016, a
first amended felony complaint (“FAFC”) was filed
against Plaintiff in California Superior Court for Santa
Clara County. See ECF No. 28-1 (FAFC). The FAFC contains
two counts against Plaintiff. Count 1 of the FAFC is based on
Plaintiff's alleged kicking of the Elmwood correctional
officer in the face, and alleges that Plaintiff committed an
assault on a peace officer by means likely to produce great
bodily injury in violation of California Penal Code §
245(c). Count 4 of the FAFC is based on the incident at the
Main Jail, and alleges that Plaintiff committed battery on a
custodial officer, ...