Susan Mellen et al v. City of Los Angeles, et al.

Filing 219

JUDGMENT by Judge George H. Wu: Defendant MARCELLA WINN is entitled to summary judgment as a matter of law and plaintiffs shall take nothing by reason of their First Amended Complaint against defendant, the action is dismissed with prejudice and defendant WINN shall recover from plaintiffs her costs of action in the sum to be determined by the filing of a properly noticed Bill of Costs. (MD JS-6, Case Terminated). (lc)

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JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 SUSAN MELLEN, JULIE CARROLL, JESSICA CURCIO AND DONALD BESCH, 13 Plaintiffs, 14 15 16 17 v. CITY OF LOS ANGELES; MARCELLA WINN; RICHARD HOFFMAN; AND DOES 1-10 INCLUSIVE Case No. CV 15-3006-GW(AJWx) Hon. George H. Wu JUDGMENT ON ORDER GRANTING MOTION FOR SUMMARY JUDGMENT Action Filed: April 22, 2015 18 19 Defendants. 20 21 Defendants filed a Joint Motion for Summary Judgment on March 25, 2016 22 [Docket No. 78]. The City of Los Angeles was dismissed on or about April 1, 23 2016. [Docket No. 86]. The Court heard oral argument on defendant Winn’s 24 25 26 27 motion on three occasions: May 16, 2016, May 19, 2016 and November 21, 2016. After full consideration of all the moving, opposing, and reply papers, the documents and pleadings submitted and judicially noticed, the admissible evidence 28 1 [PROPOSED] JUDGMENT ON MOTION FOR SUMMARY JUDGMENT 1 2 and separate statements offered by all parties, and multiple oral arguments of counsel for both parties, the Court finds that the moving party, defendant 3 4 MARCELLA WINN, is entitled to summary judgment as a matter of law in 5 accordance with the order granting Defendant’s Motion for Summary Judgment 6 [Docket No. 217] and as follows: 7 8 1. Plaintiffs have failed as a matter of law to establish a Brady violation; 9 2. Plaintiffs have failed as a matter of law to establish a failure to 10 investigate claim under 42 U.S.C. section 1983; 11 12 3. Plaintiffs’ claim for a violation of due process and familial association 13 fails as a matter of law on the basis that plaintiff Susan Mellen has not 14 established that any of her constitutional rights were violated; and 15 16 4. Defendant Winn enjoys qualified immunity on the Brady claim. 17 THEREFORE, IT IS HEREBY ORDERED and ADJUDGED that defendant 18 MARCELLA WINN is entitled to summary judgment as a matter of law and 19 20 plaintiffs shall take nothing by reason of their First Amended Complaint against 21 defendant, the action is dismissed with prejudice and defendant WINN shall 22 recover from plaintiffs her costs of action in the sum to be determined by the filing 23 24 of a properly noticed Bill of Costs. 25 26 27 Dated: January 3, 2017 Hon. George H. Wu United States District Judge 28 2 [PROPOSED] JUDGMENT ON MOTION FOR SUMMARY JUDGMENT

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