William J. Richards v. County of San Bernardino et al

Filing 142

JUDGMENT by Judge S. James Otero: The Court enters the following order on Defendants motion for Summary Judgment as follows: AS TO DEFENDANTS GREGONIS, SPERBER, NOURSE, PARENT, BRADFORD AND NAVARRO: 1) Defendants did not violate Plaintiffs rights. 2) This Court did not reach the issue of qualified immunity, as it found no violation of rights. AS TO DEFENDANT COUNTY OF SAN BERNARDINO:(1) Plaintiffs claim for municipal liability under Monell v. Dept. of SocialServices, 436 U.S. 658, 56 L. Ed. 2d 6 11, 98 S. Ct. 2018 (1978) fails because hesuffered no constitutional violation and there is no evidence of an unconstitutional policy, practice, custom, lack of training, or ratification.Accordingly, GOOD CAUSE HAVING BEEN SHOWN, Defendants Daniel G regonis, Norman Sperber, Tom Bradford, John Navarro, Mark Nourse, Norman Parent, and County of San Bernardino are granted summary judgment in this case and the entire matter is hereby dismissed with prejudice, reasonable costs to be awarded to Defendants in an amount according to proof. (lc)

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September 17, 2019

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VC
P

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WILLIAM J. RICHARDS,

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Plaintiff,

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v.

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Case No. 5:17-cv-00497-SJO-SP
[PROPOSED] JUDGMENT

COUNTY OF SAN BERNARDINO,
MARK NOURSE, NORMAN
PARENT, TOM BRADFORD, JOHN
NAVARRO, DANIEL GREGONIS,
NORMAN SPERBER, and DOES 1
through 10, inclusive,,

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District Judge: Hon. S. James Otero

Defendants.

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Defendants Daniel Gregonis, Norman Sperber, Tom Bradford, John Navarro,

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Mark Nourse, Norman Parent, and County of San Bernardino’s motions for

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summary judgment, or in the alternative partial summary judgment brought under

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Federal Rule of Civil Procedure 56, on the Complaint of Plaintiff William J.

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Richards (“Plaintiff”), came on regularly before the Honorable S. James Otero for

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hearing on August 26, 2019. Susan Coleman appeared for Defendants, and

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attorneys Caitlin Weisberg and Marilyn Bednarski appeared for Plaintiff.

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

The Court having read and duly considered the moving, opposing, and reply
documents, and having duly considered all evidence and argument presented in
LA #4810-3654-4420 v1

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5:17-CV-00497-SJO-SP
[PROPOSED] JUDGMENT

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connection therewith, enters the following order on Defendants’ motion for

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Summary Judgment as follows:

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AS TO DEFENDANTS GREGONIS, SPERBER, NOURSE, PARENT,

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BRADFORD AND NAVARRO:

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1)

Defendants did not violate Plaintiff’s rights.

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2)

This Court did not reach the issue of qualified immunity, as it found no

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violation of rights.

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AS TO DEFENDANT COUNTY OF SAN BERNARDINO:

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(1)

Plaintiff’s claim for municipal liability under Monell v. Dept. of Social

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Services, 436 U.S. 658, 56 L. Ed. 2d 611, 98 S. Ct. 2018 (1978) fails because he

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suffered no constitutional violation and there is no evidence of an unconstitutional

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policy, practice, custom, lack of training, or ratification.

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Accordingly, GOOD CAUSE HAVING BEEN SHOWN,

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Defendants Daniel Gregonis, Norman Sperber, Tom Bradford, John Navarro,

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Mark Nourse, Norman Parent, and County of San Bernardino are granted summary

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judgment in this case and the entire matter is hereby dismissed with prejudice,

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reasonable costs to be awarded to Defendants in an amount according to proof.

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IT IS SO ORDERED:

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Dated: September 17, 2019

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________________________________
Honorable S. James Otero
United States District Judge

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

LA #4810-3654-4420 v1

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5:17-CV-00497-SJO-SP
[PROPOSED] JUDGMENT

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Respectfully submitted,

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Susan E. Coleman (SBN 171832)
E-mail: [e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants
COUNTY OF SAN BERNARDINO,
MARK NOURSE, NORMAN
PARENT, TOM BRADFORD, JOHN
NAVARRO, DANIEL GREGONIS,
NORMAN SPERBER

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B URKE , W ILLIAMS &
S ORENSEN , LLP
ATTORNEYS AT LAW
LOS ANGELES

LA #4810-3654-4420 v1

-3-

5:17-CV-00497-SJO-SP
[PROPOSED] JUDGMENT