Yates v. West Contra Costa Unified School District
Order by Magistrate Judge Maria-Elena James denying 80 Motion for Reconsideration re 76 Order on Motion to Dismiss, filed by Fernando Yates.(mejlc3, COURT STAFF) (Filed on 2/22/2017) (Additional attachment(s) added on 2/22/2017: # 1 Certificate/Proof of Service) (rmm2S, COURT STAFF).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Case No. 16-cv-01077-MEJ
ORDER DENYING MOTION FOR
WEST CONTRA COSTA UNIFIED
United States District Court
Northern District of California
Re: Dkt. No. 80
Plaintiff Fernando Yates has not sued any individuals in this case; the only defendant in
this action is a governmental entity. Acts by Mr. Luongo, Mr. Wittemore, and Ms. Cotton cannot
give rise to punitive damages against West Contra Costa Unified School District here because
“[p]unitive damages are not available against a governmental entity in California under the
statutes that form the basis of Plaintiff’s claims.” See Order at 1 (citing cases), Dkt. No. 76.
Plaintiff’s Motion for Reconsideration (Dkt. No. 80) and addendum thereto (Dkt. No. 81)
IT IS SO ORDERED.
Dated: February 22, 2017
United States Magistrate Judge
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