Marie Sales et al v. The City of Tustin et al

Filing 93

JUDGMENT by Judge Cormac J. Carney. (see document for details). (dro)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CASE NO: SACV12-01834 CJC (MLGx)

MARIE SALES, Individually and on
behalf of the Estate of Paul Q. Quintanar,

BEFORE THE HONORABLE
CORMAC J. CARNEY
COURTROOM 9B

Plaintiff,
v.

JUDGMENT

The City of Tustin, a Governmental
Entity, Chief of Police Scott Jordan,
Officer A. Gleason, Officer J. Monsoor,
Officer Roque, and Does 1 through 10,
Defendants.

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This Court dismissed the federal claims asserted against Defendants City of

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Tustin and Tustin Police Chief Jordan pursuant to a motion made under Rule 12(b)(6)

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and granted summary judgment in favor of Defendant Tustin police officers Gleason,

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Monsoor and Roque on the Fourteenth Amendment Due Process claims asserted

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against them.

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officers Gleason, Monsoor and Roque are entitled to qualified immunity on the Fourth

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Amendment claims asserted against them. The foregoing rulings completely resolve

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all of the federal claims asserted in the operative complaint in favor of the Defendants.

The Ninth Circuit subsequently determined that Defendant police

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The federal claims having been resolved, this Court declines to exercise supplemental

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jurisdiction over the remaining state wrongful death claim. Therefore:

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IT IS ORDERED AND ADJUDGED that the state wrongful death claim

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asserted in the second count of the operative Second Amended Complaint is

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DISMISSED WITHOUT PREJUDICE, that JUDGMENT is entered against Plaintiff

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MARIE SALES, individually and on behalf of the Estate of Paul Q. Quintanar, and in

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favor of Defendants CITY OF TUSTIN, SCOTT JORDAN, OFFICER A.

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GLEASON, OFFICER J. MONSOOR and OFFICER ROQUE, and that said

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Defendants shall recover their costs.

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DATED: August 3, 2016
HONORABLE CORMAC J. CARNEY
UNITED STATES DISTRICT COURT
JUDGE

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