Alice Brown v. County of San Bernardino et al

Filing 73

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge Dale S. Fischer: IT IS ORDERED that defendants' motion for summary judgment be granted in part and denied in part, as follows: (see attached) (jm)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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v.
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COUNTY OF SAN BERNARDINO, )
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SAN BERNARDINO COUNTY
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SHERIFF’S DEPARTMENT - BIG
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BEAR STATION, SAN
BERNARDINO COUNTY DEPUTY )
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SHERIFF M. MCCRACKEN,
SERGEANT MASON, DETECTIVE )
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MACKAY,
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Defendants.
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ALICE BROWN,

No. EDCV 13-130 DSF (FFM)

ORDER ACCEPTING FINDINGS,
CONCLUSIONS AND
RECOMMENDATIONS OF UNITED
STATES MAGISTRATE JUDGE

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Pursuant to 28 U.S.C. § 636, the Court has reviewed the entire record in this

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action, the attached Final Report and Recommendation of United States Magistrate

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Judge (“Report”), and the objections thereto. Good cause appearing, the Court concurs

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with and accepts the findings of fact, conclusions of law, and recommendations

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contained in the Report after having made a de novo determination of the portions to

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which objections were directed.

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IT IS ORDERED that defendants’ motion for summary judgment be granted in
part and denied in part, as follows:
(1)

The motion is granted as to all claims against the County of San
Bernardino; all such claims are dismissed with prejudice;

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(2)

The motion is granted as to all claims against the San Bernardino County

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Sheriff’s Department-Big Bear Station; all such claims are dismissed with

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prejudice;

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(3)

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The motion is granted as to all claims against Sergeant Mason; all such
claims are dismissed with prejudice;

(4)

The motion is granted as to all claims asserting violations of the plaintiff’s

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Fourth Amendment rights against Deputy Sheriff M. McCracken and the

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Estate of Jeremiah MacKay; all such claims are dismissed with prejudice;

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(5)

The motion is granted as to plaintiff’s Fourteenth Amendment due process

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claim based on his initial interview of plaintiff’s son, J., at J.’s school

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against Deputy Sheriff M. McCracken; such claim is dismissed with

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prejudice;

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(6)

The motion is granted as to plaintiff’s Fourteenth Amendment due process

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claim based on forwarding his report on his investigation to the DOJ against

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Deputy Sheriff M. McCracken; such claim is dismissed with prejudice;

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(7)

The motion is granted as to plaintiff’s supervisory liability claims against

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the Estate of Jeremiah MacKay; all such claims are dismissed with

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prejudice;

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(8)

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are dismissed without prejudice; and
(9)

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The motion is granted as to all of plaintiff’s state law claims; all such claims

DATED:

The motion is denied in all other respects.
4/5/16

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DALE S. FISCHER
United States District Judge

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