Molshree Gupta and Chaena Dade Secure Dismissal with Prejudice of Constitutional Rights Violation Claim for Large Public Entity

July 8, 2025

Ms. Gupta and Ms. Dade prepared a motion for summary judgment as to an incarcerated Plaintiff’s claim that a large public entity Defendant acted with deliberate indifference to Plaintiff’s medical needs pursuant to an unconstitutional policy, custom, or practice (a “Monell” claim).  The United Stated District Court for the Central District agreed with Ms. Gupta and Ms. Dade that the Plaintiff could not establish that the public entity Defendant maintained an unconstitutional policy, custom, or practice which acted as the “moving force” behind his alleged injuries. Therefore, the Court sustained Ms. Gupta and Ms. Dade’s motion for summary judgment to Plaintiff’s 42 U.S.C. Section 1983 claims for denial of medical care without leave to amend and dismissed it with prejudice.