Molshree Gupta Secures a Defense Judgment and Case Termination of Fourth Amendment and ADA Action
Molshree Gupta has secured a defense judgment and case termination on behalf of County Defendants in Plaintiff’s action for Fourth Amendment and ADA violations. During the underlying incident, Plaintiff attempted self-harm by shooting himself with a gun. In response to a 911 call from Plaintiff’s family member, law enforcement officers arrived to find Plaintiff still visibly agitated. Plaintiff was handcuffed to prevent any further harm to himself or to his family members, bystanders, and officers. Within a couple minutes, the officers located and secured the gun; also, within minutes, officers and then paramedics began to render medical aid and Plaintiff’s handcuffs were removed. Minutes thereafter, Plaintiff was transported from the scene for medical attention for his wounds. After getting medical care, the officers facilitated Plaintiff’s mental health assessment and evaluation for a 5150 hold.
Plaintiff argued that the responding officers unlawfully detained him, used excessive force, were indifferent to his need for immediate medical care, and violated the provisions of the ADA while communicating with and detaining him. Upon reviewing all evidence and legal argument, the Court agreed with Ms. Gupta that Plaintiff cannot establish any of his causes of action under the Fourth Amendment and ADA, and that no jury could find in favor of Plaintiff on any of his claims. Therefore, the Court entered judgment in favor of County Defendants and terminated Plaintiff’s action.
