Estate of Cartwright v. City of Concord, Cal.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

This is an action under 42 U.S.C. § 1983 , brought on behalf of the decedent Raymond James Cartwright (“Cartwright”) and by his mother Barbara Reid (“Reid”) individually and as administrator of Cartwright’s estate. The complaint alleges violations of the United States Constitution in regard to the death of Cartwright in a jail of the defendant City of Concord.

A jury trial was waived by both sides, and the case was tried to the court from July 1, 1985 through July 23, 1985, when plaintiffs rested their case. Defendants then moved for a directed verdict under Rule 50(a) and for judgment under Rule 41(b) of the Federal Rules of Civil Procedure. Under the applicable procedure, the court has treated both motions as a motion for involuntary dismissal under Rule 41(b). The court granted the motion of defendant Thomas L. Bender in open court, and the motion of the other defendants was taken under submission.

Under Rule 41(b), the court has the power to weigh the evidence, resolve conflicts in the evidence, decide where the preponderance of the evidence lies, and rule against plaintiffs if plaintiffs’ evidence and law are not sufficient…