Galen v. County of Los Angeles

• Decision Date: 09 January 2004
• Docket Number: No. CCV 02-8115 DSF.,CCV 02-8115 DSF.
• Citation: 322 F.Supp.2d 1045
• Parties: Jeffrey M. GALEN, Plaintiff, v. COUNTY OF LOS ANGELES; Los Angeles County Sheriff's Department; Sergeant Anna Cally Barrier; Detective Marian Holland, Defendants.
• Court: U.S. District Court — Central District of California

322 F.Supp.2d 1045

Jeffrey M. GALEN, Plaintiff, v. COUNTY OF LOS ANGELES; Los Angeles County Sheriff's Department; Sergeant Anna Cally Barrier; Detective Marian Holland, Defendants.

No. CCV 02-8115 DSF.

United States District Court, C.D. California.

January 9, 2004.

COPYRIGHT MATERIAL OMITTED

Alan S. Gutman, Elizabeth L. Bradley, Law Offices of Alan S. Gutman, Beverly Hills, CA, for Plaintiff.

John J. Collins, Tomas A. Guterres, Douglas Fee and Catherine C. Mason, Collins, Collins, Muir & Stewart, LLP, South Pasadena, CA, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

FISCHER, District Judge.

I. PROCEDURAL HISTORY

This case arises out of the arrest of Plaintiff Jeffrey Galen ("Galen") on October 26, 2001 for a violation of Penal Code section 273.5. Galen posted bail in the amount of $1,000,000, and was released.

Galen's two count complaint for civil rights violations filed October 21, 2002, named as defendants the County of Los Angeles, the Los Angeles County Sheriff's Department, Sergeant Anna Calley Barrier, and Detective Marian Holland. Defendants moved to dismiss all claims. The motion was granted with leave to amend as to the allegations of violations of Galen's rights under the Fourth, Fifth and Fourteenth Amendments. (Galen did not amend.) The motion was denied as to Galen's claim of a violation of his Eighth Amendment right to be free from excessive bail. Defendants County of Los Angeles and Sergeant Barrier answered the complaint on January 22, 2003.

Galen's motion for leave to amend the complaint to add Deputy Glen T. Heinrich was granted on April 9, 2003. Defendants' Answer to Plaintiff's First Amended Complaint was filed May 14, 2003 on behalf of the County of Los Angeles, Sergeant Barrier, and Deputy Heinrich.

Defendants' Notice of Motion for Summary Judgment ("Motion") and accompanying Separate Statement of Undisputed Facts were filed October 23, 2003. An Amended Notice of Motion and an Index of Exhibits were filed October 28, 2003. The Declaration of Catherine C. Mason was filed October 31, 2003. Galen's Memorandum of Points and Authorities in Opposition to Defendants' Motion for Summary Judgment ("Opp."), Objections to Evidence Submitted in Support of Motion for Summary Judgment, Statement of Genuine Issues in Opposition to Motion for Summary Judgment, and Declaration of Alan S. Gutman were filed November 3, 2003. Defendants' Reply, Separate Statement of Undisputed Facts and Reply to Statement of Genuine Issues, Reply to Plaintiff's Objections to Evidence Submitted in Support of Motion for Summary Judgment and Declaration of Catherine C. Mason were filed November 10, 2003. On November 24 Galen filed his Objections to the "Supplemental Declaration of Catherine Mason re: Authentication of Exhibits."

The matter was set to be heard November 17, 2003. On November 10, 2003, this matter was transferred to this Court's calendar, and the matter was taken under submission subject to being re-set for hearing. The matter was re-set for hearing on December 22, 2003. On December 18 defendants filed a [Proposed] Supplemental Separate Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment, along with an ex parte application for permission to file it. Galen opposes the filing. The Court denies the ex parte application. The information could have been submitted earlier by way of a declaration, and, as described below, is of no consequence in any event.

At the hearing on December 22, plaintiff's counsel requested leave to file additional authorities. On December 29, 2003, plaintiff filed "Plaintiff's Supplemental Points and Authorities in Opposition to Defendants' Motion for Summary Judgment."

The Court finds that no reasonable fact-finder could, considering the evidence presented by Galen and the reasonable inferences to be drawn from that evidence, find in favor of Galen. The Court now GRANTS the motion as to all defendants. Judgment shall be entered accordingly.

II. LEGAL STANDARD

Summary judgment is proper only where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). The moving party has the burden of demonstrating the absence of a genuine issue of fact for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). If the moving party satisfies the burden, the party opposing the motion must set forth specific facts showing that there remains a genuine issue for trial. See id.; F ed. R. Civ. P. 56(e).

A non-moving party who bears the burden of proof at trial as to an element essential to its case must make a showing sufficient to establish a genuine dispute of fact with respect to the existence of that element of the case or be subject to summary judgment. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Such an issue of fact is a genuine issue if it reasonably can be resolved in favor of either party. See Anderson, 477 U.S. at 250-51, 106 S.Ct. 2505. The non-movant's burden to demonstrate a genuine issue of material fact increases when the factual context renders the claim implausible. See Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Thus, mere disagreement or the bald assertion that a genuine issue of material fact exists no longer precludes the use of summary judgment. See Harper v. Wallingford, 877 F.2d 728 (9th Cir.1989); California Architectural Building Products., Inc. v. Franciscan Ceramics, Inc., 818 F.2d 1466, 1468 (9th Cir.1987).

If the moving party seeks summary judgment on a claim or defense on which he bears the burden of proof at trial, he must satisfy his burden by showing affirmative, admissible evidence. See Hal Roach Studios, Inc. v. Richard Feiner and Co., Inc., 896 F.2d 1542, 1550 (9th Cir.1989).

III. FACTUAL BACKGROUND

On October 26, 2001 Los Angeles County Sheriff's Department Deputies Bausmith and Heinrich arrested Galen for a violation of California Penal Code section 273.5, commonly referred to as "spousal or cohabitant abuse" or, simply, "domestic violence." Sergeant Barrier approved the arrest. ¶ 37.¹ The alleged victim was Galen's then-fiancee Karen Joy Jacobs ("Jacobs"). ¶ 98.

At 1:43 p.m. on October 26 Los Angeles Superior Court Judge James Albracht found there had been probable cause to arrest Galen based on a Probable Cause Declaration ("PCD") presented by Heinrich. ¶ 41. Defendants contend, and Galen disputes, that Heinrich prepared the PCD. The identity of the person or persons who prepared the PCD or supplied the information in it, and the precise manner of its preparation, is irrelevant, as there is no allegation that probable cause did not exist or that there were improprieties in the preparation of the PCD.²

The Felony Bail Schedule for Los Angeles County provides that bail for persons arrested without a warrant for a violation of Penal Code section 273.5 shall be set initially at $50,000. ¶ 61, Ex. 12.

The County of Los Angeles maintained a Los Angeles Station Jail Manual ("Manual") providing inter alia, that: (1) a peace officer has a responsibility to inform each prisoner of his right to seek an O.R. release or bail reduction; (2) a peace officer is required to fill out and explain to the arrestee the Bail Reduction Form; (3) a peace officer seeking a bail enhancement must do so through the Bail Deviation Program; and (4) certain information including the charge must be provided. ¶¶ 56 — 60, Ex. 11. A comparison of the Manual and Penal Code section 810 establishes that the County's policies comply with the law as stated in that section. Nothing in the Manual contradicts or controverts any provision of Penal Code section 1269c.

Heinrich indicated on the Bail Deviation Form that the offense was likely to continue and that the victim required medical treatment. ¶ 62, Ex. 7. Heinrich's statement that the "injury to the victim required medical treatment" was just a guess based on the urgency of the arrest. Reply to ¶ 68. Heinrich testified that he concluded that the crime was likely to continue without any factual basis other than the information contained in the PCD. Reply to ¶ 70. (Bausmith testified he instructed Heinrich to write this based on Bausmith's concern for Jacobs' safety and the severity of her injuries, ¶ 116, though the source of this conclusion is irrelevant.) Heinrich did not know who the victim was. ¶ 71. Heinrich's request that bail be increased to $1,000,000 was based solely on what Deputy Bausmith told him. ¶ 74. (Bausmith's assertions of his mental state in reaching this amount, ¶¶ 117 — 119, are irrelevant.) Heinrich did not complete a "probable cause declaration" for the requested bail increase separate from the PCD. ¶ 75.

Heinrich requested a bail increase to insure the safety of the victim. ¶ 39. (Galen presents no contrary evidence other than the fact that Heinrich did not know the identity of the victim. Obviously a law enforcement officer need not know the identity of the victim to fear for her safety. Heinrich knew the victim had a relationship with Galen — or the crime would not have been a violation of Section 273.5. Galen's objections are overruled.)

Sergeant Barrier knew there had been previous problems between Galen and Jacobs. ¶¶8 — 12. Barrier wanted bail set in an amount high enough that Galen would not be able to bail out. ¶¶ 77 — 78. Barrier believed bail should be enhanced to $1,000,000 because the PCD stated the victim was in fear for her safety. She believed $50,000 was inadequate because Galen was an attorney, lived in a fairly nice house and could probably easily afford $50,000 for bail. ¶¶ 79 — 81. Barrier's concern was that Galen could have gone out and caused some...