289 F. Supp. 3d 1094
E.D. Cal.2017Background
- Plaintiff Ashley Gonzalez, a pretrial detainee, alleges Correctional Officer Gregory Rich groped her multiple times during transport on January 27, 2015; Rich was terminated and criminally charged.
- SAC alleges Rich committed contemporaneous sexual misconduct against two coworkers that day and that other coworkers had complained previously (including an allegation of masturbatory conduct in the control room reported to supervisors).
- Plaintiff sued Rich (individual § 1983 claim) and Merced County (Monell claim) alleging a longstanding custom/policy of tolerating sexual misconduct, deficient transport policies, failure to train/hire, and ratification.
- County moved to dismiss the Monell claim; Magistrate recommended dismissal in part and limited lifting of stay as to Rich; District Judge O’Neill conducted de novo review.
- Court dismissed Monell theories for failure to train, hiring, ratification, and deficient policy (without leave to amend), but denied dismissal of the Monell claim insofar as it alleged a pattern/custom of sexual misconduct at JLCF; stay partially lifted for non-testimonial, non-Fifth-Amendment-implicating discovery from Rich.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Monell liability can be pleaded based on a pattern/custom of sexual misconduct | Gonzalez: allegations of multiple incidents, coworkers’ reports, supervisors’ "shop talk," failure to investigate/discipline — plausibly show widespread custom and constructive notice | County: facts are isolated, conclusory, and fail to show a longstanding, persistent custom or deliberate indifference; other Monell theories lack factual support | Denied dismissal as to pattern/custom claim — factual allegations suffice at pleading stage to proceed on a custom theory |
| Whether Monell claim based on failure to train is plausible | Gonzalez: generally points to supervision/policies enabling assaults (but concedes failure-to-train claim is weak) | County: isolated incidents do not put County on notice that training was deficient; Flores controls | Dismissed without leave to amend — inadequate training to prevent sexual assault not plausible here |
| Whether Monell theories for inadequate hiring or ratification were sufficiently pled | Gonzalez: alleges hiring/supervision failures and County acquiescence | County: no factual allegations about hiring; no final policymaker expressly approved Rich’s conduct; Rich was terminated and criminally charged | Dismissed without leave to amend — no facts support inadequate hiring or ratification theories |
| Whether Plaintiffs pleaded a deficient transport policy under Castro standard | Gonzalez: claims County should have required two-officer opposite-sex transports, video, logs, unloading procedures; cites PREA and regulations | County: no regulation or policy analogous to Castro that would put policymakers on notice that the specific omission was substantially certain to cause the harm | Dismissed without leave to amend — no particularized link between past misconduct and the specific policy omission required by Castro |
Key Cases Cited
- Monell v. Dep't of Soc. Servs. of City of N.Y., 436 U.S. 658 (municipal liability requires policy/custom causing constitutional injury)
- Castro v. County of Los Angeles, 833 F.3d 1060 (Monell defective-policy standard: facts must put policymakers on notice that omission is substantially certain to cause constitutional injury)
- City of Canton v. Harris, 489 U.S. 378 (failure-to-train deliberate indifference standard)
- Trevino v. Gates, 99 F.3d 911 (pattern/custom requires sufficient duration, frequency, and consistency)
- Connick v. Thompson, 563 U.S. 51 (limits on proving municipal deliberate indifference absent pattern)
- Flores v. County of Los Angeles, 758 F.3d 1154 (failure-to-train sexual-assault context; isolated incidents insufficient)
- Board of County Comm'rs v. Brown, 520 U.S. 397 (hiring/screening theory; plainly obvious consequence standard)
- Sheehan v. City & County of San Francisco, 743 F.3d 1211 (ratification requires final policymaker approval)
- Starr v. Baca, 652 F.3d 1202 (pleading standards for Monell claims; factual content required)
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility pleading standard)