Sandra Salazar et al v. Shandon Deasey et al

Filing 201

JUDGMENT in favor of Defendants County of San Bernardino, Shannon Deasey, Peter Gentry, Gary Brandt, and Michael Rude by Judge John F. Walter is hereby entered in Defendants favor on the above-referenced federal claims. Plaintiffs above-referenced state claims are dismissed without prejudice to refiling them in state court. (MD JS-6, Case Terminated). (jp)

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JS-6

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UNITED STATES DISTRICT COURT FOR THE

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CENTRAL DISTRICT OF CALIFORNIA

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DANIELLA SLATER AND DAMIEN
Case No. 5:16-CV-01103-JFW-KK
SLATER, individually and as successors
in interest, by and through their Guardian [Hon. John F. Walter]
ad Litem Sandra Salazar; TINA SLATER
AND DAVID BOUCHARD, individually; JUDGMENT IN FAVOR OF
DEFENDANTS COUNTY OF SAN
Plaintiffs,
BERNARDINO, SHANNON DEASEY,
PETER GENTRY, GARY BRANDT,
v.
AND MICHAEL RUDE

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DEPUTY SHANDON DEASEY;
DEPUTY PETER GENTRY; DEPUTY
GARY BRANDT; SGT. MIKE RUDE;
COUNTY OF SAN BERNARDINO; and
DOES 1-10, INCLUSIVE.

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Defendants.
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The Motion for Summary Judgment by Defendants County of San Bernardino,

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Shannon Deasey (erroneously named Shandon Deasey), Peter Gentry, Gary Brandt, and

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Michael Rude came on regularly for hearing on September 11, 2017, before this Court.

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The following appearances were made by the parties: on behalf of Defendants, Attorney

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Tony M. Sain, Esq. and on behalf of Plaintiffs, Dale K. Galipo, Esq.

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____________________________________________________________________________________________________________

JUDGMENT IN FAVOR OF DEFENDANTS COUNTY OF SAN BERNARDINO, SHANNON DEASEY, PETER GENTRY, GARY BRANDT,
AND MICHAEL RUDE

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Following oral argument on September 11, 2017, the Court granted Defendants’

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Motion for Summary Judgment as to plaintiffs' first claim for Unreasonable seizure-

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detention (42 U.S.C. § 1983), and plaintiffs' third claim for Deliberate Indifference to

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Decedent’s Medical Needs (42 U.S.C. § 1983) in part. As to plaintiffs' first claim, the

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Court determined that that there was no triable issue of material fact that there was

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reasonable suspicion for Deputy Deasey to detain Slater and that the detention was

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lawful. As to plaintiffs' third claim, the Court determined that there was no triable issue

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of material fact that defendants promptly summoned medical aid for Slater and were not

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deliberately indifferent to Slater's medical needs. The Court then took the remaining

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portion of Defendants’ Motion for Summary Judgment under submission pending

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supplemental briefing by the parties.

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After considering the moving, opposing, reply, and supplemental papers, and

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having heard the arguments of counsel, this Court, for the reasons set forth by this Court

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in its written orders [Doc. #161, 195] and during the September 11, 2017 hearing:

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(a) Granted Defendants’ Motion for Summary Judgment as to Plaintiffs’ federal
claims as follows:
(1) Unreasonable seizure – detention (42 U.S.C. § 1983) against
Defendants Deasey, Gentry, Brandt, and Rude;
(2) Excessive force (42 U.S.C. § 1983) against Defendants Deasey,
Gentry, Brandt, and Rude;

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(3) Deliberate Indifference to Decedent’s Medical Needs (42 U.S.C. §

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1983) against Defendants Deasey, Gentry, Brandt, and Rude;

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(4) Violation of Plaintiffs’ Rights to Familial Relationship (42 U.S.C. §
1983) against Defendants Deasey, Gentry, Brandt, and Rude;
(b) Declined to exercise supplemental jurisdiction over Plaintiffs’ state law
claims as follows:

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JUDGMENT IN FAVOR OF DEFENDANTS COUNTY OF SAN BERNARDINO, SHANNON DEASEY, PETER GENTRY, GARY BRANDT,
AND MICHAEL RUDE

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(1)

Wrongful death by negligence in force and restraint against

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Defendants Deasey, Gentry, Brandt, and Rude, and Defendant County

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of San Bernardino on a vicarious liability basis;

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(2) Assault and battery against Defendants Deasey, Gentry, Brandt, and

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Rude, and Defendant County of San Bernardino on a vicarious

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liability basis.

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Therefore, judgment is hereby entered in Defendants’ favor on the above-

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referenced federal claims. Plaintiffs’ above-referenced state claims are dismissed

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without prejudice to refiling them in state court.

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IT IS SO ORDERED.

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Dated: October 11, 2017

___________________________________
Honorable John F. Walter
United States District Court Judge
Central District of California

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____________________________________________________________________________________________________________

JUDGMENT IN FAVOR OF DEFENDANTS COUNTY OF SAN BERNARDINO, SHANNON DEASEY, PETER GENTRY, GARY BRANDT,
AND MICHAEL RUDE