United States District Court, C.D. California
Present: The Honorable KENLY KIYA KATO, UNITED STATES
Order Denying Plaintiff's Motion to Unseal Without
Prejudice [Dkt. 57] and Vacating June 1, 2017
1, 2017, Plaintiffs Randy Conan and Xylina Conan
(“Plaintiffs”) filed a Motion to Unseal
(“Motion”) video footage captured by defendant
Joshua Patty's police officer body camera (“Body
Camera Footage”). ECF Docket No. (“Dkt.”)
57. As set forth below, the Court DENIES Plaintiffs'
Motion without prejudice. The hearing on Plaintiffs'
Motion set for June 1, 2017 is hereby VACATED.
FACTUAL AND PROCEDURAL BACKGROUND
14, 2016, Plaintiffs commenced the instant action by filing a
complaint against defendants pursuant to 42 U.S.C. §
1983. Dkt. 1.
December 2, 2016, the parties filed a joint stipulation
seeking a protective order. Dkt. 31. On December 5, 2016, the
Court declined to issue the parties' proposed protective
order citing various deficiencies in the proposed order. Dkt.
32. On December 7, 2016, the parties filed an amended joint
stipulation seeking a protective order (“Protective
Order”), which the Court approved on December 8, 2016.
Dkts. 33, 34. Under the terms of the Protective Order, the
parties stipulated “GOOD CAUSE exists for designating
the information, documents, video, photographs, audio, and/or
other materials as confidential in order for Defendant, City
of Fontana employees, and other government officials to
protect government interests, as well as the privacy rights
of third parties not subject to this litigation.” Dkt.
33 at 2.
January 30, 2017, following a motion to amend, Plaintiffs
filed the instant Third Amended Complaint (“TAC”)
against defendants City of Fontana, Joshua Patty, Kurtis
Schlotterback, Adam Clabaugh, Matthew Roth, Steven Bechtold,
and Bradley Guith (“Defendants”). Dkt. 40. The
TAC raised the following eight causes of action: (1)
“Unreasonable Search and Seizure - Excessive Force (42
U.S.C. § 1983)” against Officer Patty; (2)
“Unreasonable Search and Seizure - Denial of Medical
Care (42 U.S.C. § 1983)” against Officers Patty,
Schlotterback, Clabaugh, Roth, Bechtold, and Guith; (3)
“Municipal Liability - Ratification (42 U.S.C. §
1983)” against City of Fontana and Officers
Schlotterback, Clabaugh, Roth, Bechtold, and Guith; (4)
“Municipal Liability - Inadequate Training (42 U.S.C.
§ 1983)” against City of Fontana and Officers
Schlotterback, Clabaugh, Roth, Bechtold, and Guith; (5)
“Municipal Liability - Unconstitutional Custom,
Practice or Policy (42 U.S.C. § 1983)” against all
defendants; (6) Battery against all defendants; (7)
Negligence against all defendants; and (8) Loss of Consortium
against all defendants. Id.
to the TAC, defendant Joshua Patty, a police officer for the
City of Fontana, assaulted plaintiff Randy Conan as he was
being escorted out of Kicks Sports Bar on the evening of
August 30, 2015. Id. ¶¶ 19, 22. Plaintiffs
allege Defendants failed to offer any medical assistance
despite the fact plaintiff Randy Conan was injured following
the alleged assault. Id. ¶ 24. Plaintiffs
allege Defendants attempted to cover up the incident by
writing false reports and claim that defendant Joshua Patty
was never disciplined for his actions. Id.
¶¶ 25, 26. Thus, Plaintiffs are seeking punitive
and compensatory damages for the resulting injuries.
Id. at 27-28.
1, 2017, Plaintiffs filed the instant Motion to unseal and a
Joint Stipulation (“JS”) challenging the
confidentiality designation of the Body Camera Footage taken
from defendant Joshua Patty on the night of the incident.
Dkt. 57. Plaintiffs seek to have the Body Camera Footage
unsealed and available to the public. Id.
Defendants, however, argue the Body Camera Footage should
remain under seal pursuant to the parties' Protective
15, 2017, Plaintiffs filed their supplemental briefs in
support of the JS. Dkt. 61. This matter thus ...