Shannon v. County of Sacramento
Filing
65
ORDER signed by District Judge Kimberly J. Mueller on 3/22/2017 GRANTING 59 Motion for Leave to Amend the 53 Answer. (Michel, G.)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
12
SALVADOR SHANNON, as an individual
and as a successor in interest to Ryan
Shannon,
13
14
15
16
17
18
Plaintiff,
No. 2:15-cv-00967-KJM-DB
ORDER
v.
COUNTY OF SACRAMENTO;
SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT; TIMOTHY JONES,
officer, employee, and agent of the SCSD
and County; JOSEPH REEVE, officer,
employee, and agent of the SCSD and
County,
19
Defendants.
20
On November 8, 2016, defendants filed a motion for leave to file an amended
21
22
answer to plaintiff’s fifth amended complaint. Mot., ECF No. 59. Plaintiff filed no opposition,1
23
as defendants noted in a reply on December 9, 2016. Reply, ECF No. 62. Specifically,
24
defendants seek leave to amend to add two affirmative defenses based on: (1) California Penal
25
26
27
28
1
Plaintiffs are reminded of the requirement in the Local Rules that they serve a notice of
non-opposition when a motion is not opposed. See L.R. 230(c). Future violations of the local
rules, or any applicable rule or order of the court may be met with an order to show cause as to
why sanctions should not issue.
1
1
Code section 196, which states that homicide is justifiable when committed by public officers
2
when necessarily committed in overcoming actual resistance; and (2) California Penal Code
3
section 835a, which provides that officers may use reasonable force to overcome resistance and
4
need not retreat.
5
Federal Rule of Civil Procedure 15(a)(2) provides that “a party may amend its
6
pleading . . . [with] the court’s leave” and “[t]he court should freely give leave when justice so
7
requires.” The court should apply this policy “with extreme liberality.” Owens v. Kaiser Found.
8
Health Plan, Inc., 244 F.3d 708, 712 (9th Cir. 2001) (quoting Morongo Band of Mission Indians
9
v. Rose, 893 F.2d 1074, 1079 (9th Cir. 1990)). Parties “ought to be afforded an opportunity to
10
test [their] claim[s] on the merits,” absent “any apparent or declared reason” such as “undue
11
delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies
12
by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance
13
of the amendment, futility of amendment, etc.” Foman v. Davis, 371 U.S. 178, 182 (1962).
14
In this case, there is no indication plaintiff would be prejudiced by allowing
15
defendants leave to amend their answer. The discovery deadline is May 15, 2017, so plaintiff still
16
has time to conduct additional discovery, if needed. Additionally, the factual material needed to
17
litigate these defenses appears to be co-extensive with defenses already pled in the answer. See
18
Answer, ECF No. 53. Defendant already pleads the affirmative defense of qualified immunity,
19
id. ¶ 28, and California courts find the reasonableness prong of the qualified immunity inquiry
20
overlaps with the reasonableness analysis of the justifiable homicide inquiry under Penal Code
21
section 196. See Martinez v. Cty. of Los Angeles, 47 Cal. App. 4th 334, 349 (1996).
22
Additionally, the same reasonableness standard governing the qualified immunity inquiry is also
23
applicable to Penal Code section 835a. See Yount v. City of Sacramento, 43 Cal. 4th 885, 898
24
(2008); Hernandez v. City of Pomona, 46 Cal. 4th 501, 518–19 (2009).
25
Additionally, there is no indication of unjust delay in this case; even if there were,
26
delay alone on the part of defendants would not justify the denial of defendants’ motion. See
27
DCD Programs, Ltd. v. Leighton, 833 F.2d 183, 187 (9th Cir. 1987). Importantly, there is no
28
2
1
evidence defendants acted in bad faith, and it does not appear amendment would be futile.
2
Accordingly, defendants’ motion for leave to amend their answer is GRANTED.
3
This order resolves ECF No. 59.
4
IT IS SO ORDERED.
5
DATED: March 22, 2017.
6
7
UNITED STATES DISTRICT JUDGE
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?