TALADA

TALADA v. City of Martinez

Good Law
656 F. Supp. 2d 1147·2009 WL 2941514·2009 U.S. Dist. LEXIS 82330
United States District Court, Northern District of CaliforniaSeptember 10, 2009C 08-02771 WHACalifornia6,298 words

Opinion

Opinion

Alsup, J.

ORDER REGARDING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

INTRODUCTION

This order grants summary judgment in favor of defendant Gary Peterson and grants in part and denies in part summary judgment for defendant Cristina Akeson, for the following reasons.

STATEMENT

This action arises from the arrest and subsequent release of plaintiff James Tala-da, a man incorrectly identified as the infamous NorCal rapist by an anonymous police informant whom plaintiffs allege was defendant Cristina Akeson. The NorCal rapist was alleged to have raped numerous women in Northern California beginning in the 1990’s. All of the parties agree that Talada was cleared and was not the Nor-Cal rapist.

On November 14, 2006, the Sacramento Police Department appealed to the public for information regarding possible NorCal rapist suspects. At the press conference, the NorCal rapist was described as a 37 to 40 year-old man, between five feet, eight inches and six feet in height, weighing between 200 to 240 pounds, with a pot belly.

In January 2007, the City of Martinez Police Department received by mail an anonymous typed letter addressed to defendant Sergeant Mark Peterson. Enclosed with the letter were…

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