Galindo v. Brownell, No. 64-1259.

CourtUnited States District Courts. 9th Circuit. United States District Court (Southern District of California)
Writing for the CourtPhill Silver, Hollywood, Cal., for plaintiff
Citation255 F. Supp. 930
PartiesConnie GALINDO, Plaintiff, v. Ernest H. BROWNELL, Lumbermens Mutual Casualty Co., County of Los Angeles, Defendants.
Decision Date22 March 1966
Docket NumberNo. 64-1259.

255 F. Supp. 930

Connie GALINDO, Plaintiff,
v.
Ernest H. BROWNELL, Lumbermens Mutual Casualty Co., County of Los Angeles, Defendants.

No. 64-1259.

United States District Court S. D. California, Central Division.

March 22, 1966.


Phill Silver, Hollywood, Cal., for plaintiff.

Harold W. Kennedy, County Counsel, Robert C. Lynch, Asst. County Counsel, Los Angeles, Cal., for defendant Brownell.

Wallbert & Glaser, Maurice H. Wallbert, Los Angeles, Cal., for defendant Lumbermens Mut. Cas. Co.

WHELAN, District Judge.

The motions of defendants Ernest H. Brownell and Lumbermens Mutual Casualty Co., surety of Los Angeles County

255 F. Supp. 931
under employee performance bonds, to dismiss plaintiff's action for lack of jurisdiction and for failure to state a claim on which relief can be granted, were heard by this Court on January 7, 1966, and thereupon taken under submission. Defendants contend that plaintiff, mother and sole custodian of the minor fatally shot by defendant Los Angeles County deputy sheriff, has no standing under the Civil Rights Act, 42 U.S.C. § 1983, to bring an action for damages for alleged deprivation of the decedent's constitutional and federally protected rights. Defendants concede that the Fifth Circuit has rejected the theory advanced by their motions. In Brazier v. Cherry, 293 F.2d 401 (C.A.5 1961), certiorari denied, 368 U.S. 921, 82 S.Ct. 243, 7 L.Ed.2d 136, it was held that the widow and administratrix of the victim of conduct alleged to be violative of the decedent's federal and constitutional rights could maintain a suit for damages under Sections 1983, 1981, and 1985(3) of the Civil Rights Act, none of which expressly provide for any recovery by the victim's legal representative. While the determination was unnecessary to the holding in Brazier v. Cherry, the court there indicated that such an action would be proper whether the recovery sought was "damages sustained by a decedent during his lifetime," commonly protected by state survival statutes, or "damages sustained by his survivors as a result of his death," commonly conferred by state wrongful death statutes. Id. 293 F.2d at 403-404, fn. 7. The benefit of such state provisions is secured to those whom the Civil Rights Act was designed to protect by Section 1988 of the Act, 42 U.S.C. § 1988, which as recodified provides in pertinent part
The jurisdiction in civil and criminal matters conferred on the district courts by the provisions of this chapter and Title 18,
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21 practice notes
  • Javits v. Stevens, No. 73 Civ. 5339-LFM.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 24, 1974
    ...Cross Hosp. of Joliet, Ill., 340 F.Supp. 125 (N.D.Ill.1972); Johnson v. Wilkinson, 315 F.Supp. 773 (W.D.Mo.1970); Galindo v. Brownell, 255 F.Supp. 930 (S.D.Cal.1966); Salazar v. Dowd, 256 F.Supp. 220 (D.Col. 12 New York Estates, Powers and Trusts Law § 11-3.2 (17B McKinney's Consol.Laws 196......
  • Guyton v. Phillips, No. C-74-0357 MHP.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • December 18, 1981
    ...does not seem proper to consider loss of future earnings in this survival action. California law is not inadequate. Galindo v. Brownell, 255 F.Supp. 930 (S.D.Cal.1966). The fact that a wrongful death or § 1983 action was not pursued by the heirs of Guyton on their own behalf is not a reason......
  • Shaw v. Garrison, Civ. A. No. 70-466.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • March 4, 1975
    ...1971); Johnson v. Wilkinson, 315 F. Supp. 773 (W.D.Mo.1970); Salazar v. Dowd, 256 F.Supp. 220 (D.Colo.1966); Galindo v. Brownell, 255 F.Supp. 930 (S.D.Cal.1966). This finding is a prerequisite to the application of state law, for only where the federal laws are deficient may a court look el......
  • Mattis v. Schnarr, No. 73-1511
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • October 8, 1974
    ...to state law which did not provide right of action); Salazar v. Dowd, 256 F.Supp. 220, 222-223 (D.Colo. 1966); Galindo v. Brownell, 255 F.Supp. 930 (S.D.Cal.1966); C. Antieau, Federal Civil Rights Act-- Civil Practice 117, 591 (1971). See, Annot., 88 A.L.R.2d 1153, 1158, 4(a) (1963). In Bra......
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21 cases
  • Javits v. Stevens, No. 73 Civ. 5339-LFM.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • September 24, 1974
    ...Cross Hosp. of Joliet, Ill., 340 F.Supp. 125 (N.D.Ill.1972); Johnson v. Wilkinson, 315 F.Supp. 773 (W.D.Mo.1970); Galindo v. Brownell, 255 F.Supp. 930 (S.D.Cal.1966); Salazar v. Dowd, 256 F.Supp. 220 (D.Col. 12 New York Estates, Powers and Trusts Law § 11-3.2 (17B McKinney's Consol.Laws 196......
  • Guyton v. Phillips, No. C-74-0357 MHP.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • December 18, 1981
    ...does not seem proper to consider loss of future earnings in this survival action. California law is not inadequate. Galindo v. Brownell, 255 F.Supp. 930 (S.D.Cal.1966). The fact that a wrongful death or § 1983 action was not pursued by the heirs of Guyton on their own behalf is not a reason......
  • Shaw v. Garrison, Civ. A. No. 70-466.
    • United States
    • United States District Courts. 5th Circuit. United States District Court (Eastern District of Louisiana)
    • March 4, 1975
    ...1971); Johnson v. Wilkinson, 315 F. Supp. 773 (W.D.Mo.1970); Salazar v. Dowd, 256 F.Supp. 220 (D.Colo.1966); Galindo v. Brownell, 255 F.Supp. 930 (S.D.Cal.1966). This finding is a prerequisite to the application of state law, for only where the federal laws are deficient may a court look el......
  • Mattis v. Schnarr, No. 73-1511
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • October 8, 1974
    ...to state law which did not provide right of action); Salazar v. Dowd, 256 F.Supp. 220, 222-223 (D.Colo. 1966); Galindo v. Brownell, 255 F.Supp. 930 (S.D.Cal.1966); C. Antieau, Federal Civil Rights Act-- Civil Practice 117, 591 (1971). See, Annot., 88 A.L.R.2d 1153, 1158, 4(a) (1963). In Bra......
  • Request a trial to view additional results

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