Tolbert
Tolbert v. Antioch Police Department
Opinion
Trial Court Opinion
INTRODUCTION
14 This is a civil rights action under 42 U.S.C. § 1983 filed by a California prisoner 15 proceeding without an attorney. Defendants are the Antioch Police Department (“APD”), APD 16 Chief Allan Cantando, APD Officers James Colley and James Perkinson, and the Contra Costa 17 County Detention Health Service (“CCCDHS”).1 18 Plaintiff filed a First Amended Complaint, Defendants’ motion for judgment on the 19 pleadings was granted, and Plaintiff received leave to file a Second Amended Complaint (“SAC”). 20 (ECF Nos. 8, 26, 37.) Plaintiff filed a timely SAC, which is now the operative complaint. (ECF 21 No. 42.) Defendants’ motion to dismiss the SAC for failure to state a claim upon which relief may 22 be granted was denied. (ECF No. 56.) Defendants have filed a motion for summary judgment. 23 (ECF No. 81.) Plaintiff filed an opposition, and Defendants filed a reply. (ECF Nos. 111, 118.) 24
26 1 Defendant CCCDHS was served on December 6, 2024, and has not yet appeared. (ECF No. 127.) Unless otherwise specified, “Defendants” refers only to Defendants APD, Colley, 27 Perkinson, and Cantando. For the reasons discussed below, the motion for summary judgment…