Molshree Gupta and Chaena Dade Obtain Judgment for Law Enforcement Defendants on 42 U.S.C. §1983 Fourth Amendment, Negligence and Bane Act Claims

The United Stated District Court for the Central District of California recently granted judgment in favor of a large public entity and law enforcement officers who were sued for alleged constitutional and state law violations. During a dangerous law enforcement operation to search for a firearm in response to a 911 call, Plaintiff was briefly detained for a pat down. Plaintiff voluntarily dismissed his claims for excessive force and battery on the eve of the law enforcement defendants’ summary judgment motion. Thereafter, the district court found in favor of all defendants on the remaining constitutional claims of unlawful search and seizure and failure to intervene, as well as the remaining state law claims of negligence and violation of California’s Bane Act. The district court therefore entered judgement for the public entity and all named law enforcement officers.