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Richards v. County of San Bernardino, 5:17-cv-00497-SJO-SP. (2019)

Court: District Court, C.D. California Number: infdco20190920730 Visitors: 19
Filed: Sep. 17, 2019
Latest Update: Sep. 17, 2019
Summary: [PROPOSED] JUDGMENT District S. JAMES OTERO , District Judge . Defendants Daniel Gregonis, Norman Sperber, Tom Bradford, John Navarro, Mark Nourse, Norman Parent, and County of San Bernardino's motions for summary judgment, or in the alternative partial summary judgment brought under Federal Rule of Civil Procedure 56, on the Complaint of Plaintiff William J. Richards ("Plaintiff"), came on regularly before the Honorable S. James Otero for hearing on August 26, 2019. Susan Coleman appear
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[PROPOSED] JUDGMENT District

Defendants Daniel Gregonis, Norman Sperber, Tom Bradford, John Navarro, Mark Nourse, Norman Parent, and County of San Bernardino's motions for summary judgment, or in the alternative partial summary judgment brought under Federal Rule of Civil Procedure 56, on the Complaint of Plaintiff William J. Richards ("Plaintiff"), came on regularly before the Honorable S. James Otero for hearing on August 26, 2019. Susan Coleman appeared for Defendants, and attorneys Caitlin Weisberg and Marilyn Bednarski appeared for Plaintiff.

The Court having read and duly considered the moving, opposing, and reply documents, and having duly considered all evidence and argument presented in connection therewith, 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 Plaintiff's 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) Plaintiff's claim for municipal liability under Monell v. Dept. of Social Services, 436 U.S. 658, 56 L. Ed. 2d 611, 98 S.Ct. 2018 (1978) fails because he suffered 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 Gregonis, 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.

IT IS SO ORDERED:

Source:  Leagle

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