Roy v. Contra Costa County et al

Filing 48

ORDER Re: Hearing on Defendants' Motions to Dismiss. Signed by Hon. Thelton E. Henderson on 12/16/2015. (tehlc2, COURT STAFF) (Filed on 12/16/2015)

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

CHADRICK WILLIE ROY,
Plaintiff,

5

v.

6
7

CONTRA COSTA COUNTY, et al.,

Case No. 15-cv-02672-TEH
ORDER RE: HEARING ON
DEFENDANTS’ MOTIONS TO
DISMISS

Defendants.

8
9

Counsel for Plaintiff Chadrick Roy shall come prepared to address the following

10

United States District Court
Northern District of California

11
12

questions at the December 21, 2015 hearing on Defendants’ motions to dismiss:
1.

Do you seek any monetary damages in connection with your first and second
causes of action under California law? If so, please specify exactly what kind of
monetary damages, other than punitive, you seek in connection with your state
law causes of action.

2.

Please respond to the City Defendant’s argument that peace officers are immune
from liability on the state law causes of action under California Penal Code
Section 847(b) and California Civil Code Section 43.55.

3.

Is there a reason you don’t advance a 42 U.S.C. § 1983 claim under the Eighth
Amendment, claiming that the conditions of Mr. Roy’s confinement constituted
cruel and unusual punishment? See Wilson v. Seiter, 501 U.S. 294 (1991).

13
14
15
16
17
18
19
20
21

IT IS SO ORDERED.

22
23
24
25
26
27
28

Dated: 12/16/15

_____________________________________
THELTON E. HENDERSON
United States District Judge