Medrano v. Kern Cnty. Sheriff's Officer

• Decision Date: 01 February 2013
• Docket Number: No. 1:12–CV–00564 AWI JLT.,1:12–CV–00564 AWI JLT.
• Citation: 921 F.Supp.2d 1009
• Parties: Jorge MEDRANO and Ronnie Medrano an individuals and as successors in interest to decedent Rodolfo Medrano, Plaintiffs, v. KERN COUNTY SHERIFF'S OFFICER; County of Kern and Does 1 to 10, inclusive, Defendants.
• Court: U.S. District Court — Eastern District of California

921 F.Supp.2d 1009

Jorge MEDRANO and Ronnie Medrano an individuals and as successors in interest to decedent Rodolfo Medrano, Plaintiffs,

v.KERN COUNTY SHERIFF'S OFFICER; County of Kern and Does 1 to 10, inclusive, Defendants.

No. 1:12–CV–00564 AWI JLT.

United States District Court, E.D. California.

Feb. 1, 2013.

George Gevork Mgdesyan, Mgdesyan Law Firm, Sherman Oaks, CA, for Plaintiffs.

Andrew C. Thomson, Office of County Counsel, County of Kern, Bakersfield, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS, OR ALTERNATIVELY FOR A MORE DEFINITE STATEMENT

ANTHONY W. ISHII, Senior District Judge.

On April 10, 2012, Plaintiffs Jorge H. Medrano and Ronnie Medrano filed suit in this Court against Defendants Kern County Sheriff's Officer, County of Kern, and Does 1 to 10, alleging causes of action for (1) violation of civil rights under 42 U.S.C. § 1983; (2) violation of civil rights under California Civil Code §§ 43 and 52.1, and California Constitution Art. 1, § 13; and (3) wrongful death.¹ Defendant County of Kern (the “County”) now moves for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6), or alternatively for a more definite statement pursuant to Federal Rule of Civil Procedure 12(e). See Court's Docket, Doc. No. 13. For the reasons stated herein, that motion will be granted in part and denied in part.

BACKGROUND

This case arises from the death of Rodolfo Medrano (“Decedent”), the brother of Plaintiffs, due to an officer-involved shooting on May 29, 2011, at 2750 South Union Avenue, Bakersfield, CA, 93307. See Compl. ¶ 11. Plaintiffs allege Decedent was in a wheelchair when, without warning, unidentified “sheriff officers” employed by the County repeatedly and unjustifiably shot Decedent, causing his death. Id. Plaintiffs allege Decedent made no aggressive movements, no furtive gestures, and no physical movements which would suggest to a reasonable officer that he posed a threat of violence. Id. ¶ 12. Plaintiffs contend Defendants' actions violated Decedent's Fourth Amendment right to be free from unreasonable searches and seizures, and deprived them of their Fourteenth Amendment rights to substantive due process, privacy, as well as the fundamental right to familial association with their brother. Id. ¶ 19. Plaintiffs further contend Defendants' actions deprived Decedent of the rights, privileges, and immunities secured to him by Article 1, Section 13, of the California Constitution; and California Civil Code §§ 43 and 52.1. Id. ¶ 33. Finally, Plaintiffs allege they have sustained substantial economic and non-economic damages resulting from Decedent's death due to Defendants' conduct, including funeral and burial expenses. Id. ¶¶ 53–54.

The County filed the instant motion to dismiss, arguing that the Complaint fails to state a claim against the County because it is so ambiguous and unintelligible, and should therefore be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6). Alternatively, the County contends that the Complaint is so vague, ambiguous, and unintelligible that the County is unable to reasonably frame a responsive pleading thereto and Plaintiffs should be required to provide a more definite statement,pursuant to Federal Rule of Civil Procedure 12(e).

LEGAL STANDARD

A. Motion to Dismiss

Under Federal Rule of Civil Procedure 12(b)(6), a claim may be dismissed because of the plaintiff's “failure to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). Where the plaintiff fails to allege “enough facts to state a claim to relief that is plausible on its face,” the complaint may be dismissed for failure to allege facts sufficient to state a claim upon which relief may be granted. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 1974, 167 L.Ed.2d 929 (2007); see Fed.R.Civ.P. 12(b)(6). “A claim has facial plausibility,” and thus survives a motion to dismiss, “when the pleaded factual content allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1940, 173 L.Ed.2d 868 (2009). On a Rule 12(b)(6) motion to dismiss, the court accepts all material facts alleged in the complaint as true and construes them in the light most favorable to the plaintiff. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir.2005). However, the court need not accept conclusory allegations, allegations contradicted by exhibits attached to the complaint or matters properly subject to judicial notice, unwarranted deductions of fact or unreasonable inferences. Daniels–Hall v. National Educ. Ass'n, 629 F.3d 992, 998 (9th Cir.2010). “Dismissal with prejudice and without leave to amend is not appropriate unless it is clear ... the complaint could not be saved by amendment.” Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir.2003).

B. Motion for a More Definite Statement

Federal Rule of Civil Procedure 12(e) provides that “[a] party may move for a more definite statement of a pleading ... which is so vague or ambiguous that the party cannot reasonably prepare a response.” Fed.R.Civ.P. 12(e). “However, motions for a more definite statement are disfavored, and ‘ordinarily restricted to situations where a pleading suffers from unintelligibility rather than want of detail.’ ” Dri–Eaz Products, Inc. v. Nguyen, No. C 11–1654Z, 2012 WL 1537598, at *1, 2012 U.S. Dist. LEXIS 60860, at *4 (W.D.Wash. May 1, 2012) (quoting Hayton Farms Inc. v. Pro–Fac Corp. Inc., No. C10–520–RSM, 2010 WL 5174349, at *4, 2010 U.S. Dist. LEXIS 132167, at *4 (W.D.Wash. Dec. 14, 2010)). A Rule 12(e) motion is proper only if the complaint is so indefinite that the defendant cannot ascertain the nature of the claim being asserted in order to frame a response. See Famolare, Inc. v. Edison Bros. Stores, Inc., 525 F.Supp. 940, 949 (E.D.Cal.1981). The Court must deny the motion if the complaint is specific enough to notify defendant of the substance of the claim being asserted. See Bureerong v. Uvawas, 922 F.Supp. 1450, 1461 (C.D.Cal.1996). The Court may also deny the motion if the detail sought by a motion for a more definite statement is obtainable through the discovery process. Beery v. Hitachi Home Electronics (America), Inc., 157 F.R.D. 477, 480 (C.D.Cal.1993).

DISCUSSION

A. Motion to Dismiss

The County contends the Complaint fails to state a claim against the County under Title 42 U.S.C. § 1983; the Tom Bane Civil Rights Act, Cal. Civ.Code § 52.1 (the “Bane Act”); Cal. Civ.Code § 43; Art. 1, § 13 of the California Constitution; or for wrongful death.

1. Section 1983 Claim Against County

Local governments can be “persons” subject to liability under 42 U.S.C. § 1983. Monell v. Dep't of Social Servs., 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). However, a local government unit may not be held responsible for the acts of its employees under a respondent superior theory of liability. Id. at 691, 98 S.Ct. 2018;Fuller v. City of Oakland, 47 F.3d 1522, 1534 (9th Cir.1995). Rather, to state a claim for municipal liability, a plaintiff must allege that he suffered a constitutional deprivation that was the product of a policy or custom of the local government unit. See City of Canton, Ohio v. Harris, 489 U.S. 378, 385, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989). A Section 1983 plaintiff may establish local government liability based on official policy or custom only by (1) alleging and showing that a city or county employee committed the alleged constitutional violation under a formal governmental policy or longstanding practice or custom that is the customary operating procedure of the local government entity; (2) establishing that the individual who committed the constitutional tort was an official with final policy-making authority and that the challenged action itself was an act of official governmental policy which was the result of a deliberate choice made among various alternatives; or (3) proving that an official with final policy-making authority either delegated policy-making authority to a subordinate or ratified a subordinate's unconstitutional decision or action and the basis for it. See Monell, 436 U.S. at 691, 98 S.Ct. 2018;Gillette v. Delmore, 979 F.2d 1342, 1346–47 (9th Cir.1992).

The County argues the Complaint fails to state a Section 1983 cause of action because Plaintiffs have failed to identify the agents or employees of the County whose actions were consistent with County customs or policy. The County further contends the Complaint fails to identify any policy or custom which resulted in the alleged constitutional violations. Plaintiffs respond that Defendants have not fulfilled their duty under Federal Rule of Civil Procedure 26 to disclose:

without awaiting a discovery request ... the name, and, if known, the address and telephone number of each individual likely to have discoverable information—along with the subjects of that information—that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment.

Fed.R.Civ.P. 26(a)(1)(A). Plaintiffs contend Defendants have strategically circumvented this duty to provide information within their possession in order to bring the instant motion. The Court agrees that the failure to identify the individual officers allegedly involved is not fatal to Plaintiffs' Section 1983 claim against the County where the Complaint sets forth the date, location, and victim of the shooting, and alleges that the officers involved were employed by the County.

To state a claim for Monell liability, a plaintiff must allege “a formal governmental policy or a ‘longstanding practice or custom which constitutes the standard operating procedure of the local governmental entity.’ ” Gillette, 979 F.2d at 1346 (quoting Jett v....