311 F. Supp. 3d 1157
C.D. Cal.2018Background
- On May 31, 2017, two police officers (Leyva and Perniciaro) approached a parked car in Hesperia; officers fired into the vehicle, killing James Gleason (decedent) and injuring Alexander Herd (Herd). A.G. is Gleason’s minor daughter and successor in interest.
- Plaintiffs filed a Second Amended Complaint asserting federal § 1983 and related state-law claims against the City of Fontana and Officer Perniciaro (among others); defendants moved to dismiss, strike portions, or for a more definite statement.
- Defendants challenged pleading sufficiency as to notice, Monell municipal-liability theories (policy/custom, ratification, failure to train), various claims asserted individually by A.G., a negligent-training state-law claim, and references to wrongful death and decedent pain-and-suffering damages.
- The court evaluated Rule 8, Rule 12(b)(6), 12(f), and 12(e) standards, applying Twombly/Iqbal plausibility and Monell principles for municipal liability.
- Rulings: motion for more definite statement denied; multiple claims or portions dismissed or struck (see Issues/Held). Plaintiffs were granted 14 days to amend to cure deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency / More definite statement | SAC gives clear notice of claims and identifies applicable defendants | SAC’s reincorporation and repetitive allegations obscure which claims apply to whom | Denied — SAC provides fair notice; other defendants already answered, so not unintelligible |
| A.G.’s ability to assert individual § 1983 claims (excessive force; denial of medical care) | A.G. included these claims and requests wrongful death damages | A.G. cannot bring personal § 1983 claims for injuries to decedent | Granted — A.G.’s individual § 1983 claims dismissed with prejudice; corresponding wrongful-death damages stricken |
| Wrongful death labeling under § 1983 vs. survivor action | Plaintiffs contend courts sometimes allow § 1983 wrongful-death-style claims | Defendants say wrongful-death damages are improper where plaintiff lacks personal constitutional injury | Court: § 1983 claims alleging Fourth Amendment excessive force are personal to decedent; only survival (not wrongful-death) recovery fits § 1983; wrongful-death labels stricken/duplicative |
| Monell municipal-liability claims (policy/custom) | Plaintiffs allege specific customs/policies in SAC ¶81 | Defendants: allegations are conclusory; no facts showing existence, deficiency, causation, or deliberate indifference | Dismissed — Fourth claim (policy/custom) dismissed for failure to plead facts showing a municipal policy/custom and deliberate indifference |
| Monell ratification claim | Plaintiffs infer ratification because officer not disciplined | Defendants: mere failure to discipline is insufficient; no facts showing policymaker approved unconstitutional act | Dismissed — Fifth claim dismissed; ratification allegations inadequate and premature; ratification-based claim on behalf of decedent dismissed with prejudice |
| Monell failure-to-train claim | Plaintiffs allege inadequate training re: deadly force | Defendants: allegations lack factual detail about training, deficiencies, and how they caused violation | Dismissed — Sixth claim for failure to train dismissed for lack of factual allegations showing training deficiencies or deliberate indifference |
| State-law negligence, battery, Bane Act as to A.G. individually | Plaintiffs included these in A.G.’s individual capacity and request wrongful-death damages | Defendants: A.G. suffered no direct injury; claims are personal to decedent | Dismissed — Seventh, eighth, ninth claims dismissed as to A.G. individually; wrongful-death damage requests stricken; plaintiffs may amend to plead state wrongful-death claims properly |
| State-law negligent training (statutory basis) | Plaintiffs cite Gov. Code sections and analogies (e.g., William S. Hart) | Defendants: no statutory basis pleaded to impose direct liability on public entity for negligent training absent special relationship | Dismissed — Tenth claim dismissed for failure to plead statutory basis or special relationship permitting direct liability |
| References to decedent’s pain and suffering in state-law claims | Plaintiffs included repeated pain-and-suffering language across claims | Defendants: successor cannot recover pain-and-suffering for decedent under state law | Stricken — references to decedent pain and suffering in state-law claim paragraphs 112, 127, and 145 stricken; federal recovery for decedent pain/suffering preserved |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (established pleading plausibility standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (applies plausibility standard to civil-rights complaints)
- Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (municipal liability requires policy, custom, or deliberate indifference)
- Pembaur v. City of Cincinnati, 475 U.S. 469 (municipal liability where final policymaker makes deliberate choice)
- City of Canton v. Harris, 489 U.S. 378 (failure-to-train liability requires deliberate indifference)
- Alderman v. United States, 394 U.S. 165 (constitutional rights under §1983 are personal, not vicariously asserted)
- Moreland v. Las Vegas Metro. Police Dep’t, 159 F.3d 365 (survivors can assert decedent’s Fourth Amendment claim if state survival action allows)
- Smith v. City of Fontana, 818 F.2d 1411 (children cannot assert personal §1983 excessive-force claims for injuries to decedent)
- Whittlestone, Inc. v. Handi-Craft Co., 618 F.3d 970 (limits on motions to strike damages requests under Rule 12(f))