Luers

Luers v. Smith

Good Law
941 F. Supp. 105·1996 WL 585365
United States District Court, Central District of CaliforniaOctober 7, 1996EDCV 96-0266 RT (VAPx)California1,255 words

Opinion

Opinion

Timlin, J.

COURT DETERMINATION THAT IT DOES NOT HAVE JURISDICTION TO DECIDE PLAINTIFFS’ MOTION FOR AN ORDER RELIEVING THEM FROM THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 945.

The motion of plaintiffs Mark Luers and Michael Luers, minors, by their next friend, Diana Luers (plaintiffs), for an order relieving them from the provisions of California Government Code section 945.4 (motion) was submitted for decision.

The court, the Honorable Robert J. Timlin, has reviewed the moving, opposing and reply papers. Based on such review, the court concludes as follows:

Plaintiffs are the minor sons of Edward Luers, who was allegedly shot and killed on February 22, 1995 by Riverside County (County) deputy sheriffs, whom plaintiffs allege were also employed by the City of Moreno Valley (City) at the time of the shooting. Plaintiffs also have sued a number of County and City legislative and administrative officials, City and County in connection with that shooting for damages for violations of 42 U.S.C. section 1983 , as well as for negligence, battery and wrongful death, which are state claims supplemental to their federal civil rights claim.

California Government Code section 945.4…

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