Pantoja

MEMORANDUM OF OPINION AND ORDER

On the morning of August 21, 1981, defendants McEwan and Raymond, police officers employed by defendant City of Gonzales, found Antonio Pantoja lying on the street, apparently drunk and asleep. Not having roused him, they took him into custody as a public drunk unable to care for his own safety. (Cal.Penal Code § 647(f)). He was placed in a holding cell to sober up. Eight hours later he was found dead. An autopsy report attributed death to a blow to the head, possibly suffered during an assault before he was taken into custody.

Pantoja’s heirs have brought this action under 42 U.S.C. § 1983 and certain other provisions of law, alleging that defendants’ treatment of their decedent denied him due process of law. Specifically, they contend that the police officers denied Pantoja protection and medical care, and that the city and its supervisory personnel failed to train the officers adequately.

Defendants have moved to dismiss. Their motion raises the question whether under Parratt v. Taylor, 451 U.S. 527 , 101 S.Ct. 1908 , 68 L.Ed.2d 420 (1981), and subsequent decisions of the Supreme Court and the Ninth Circuit, the availability of a state law…