Aguilera

Aguilera v. Baca

Good Law
394 F. Supp. 2d 1203·2005 WL 2562889·2005 U.S. Dist. LEXIS 39021
United States District Court, Central District of CaliforniaSeptember 15, 2005CV 03-6328 SVW(CWX)California13,992 words

Opinion

Opinion

Wilson, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

This ease arose out of a complaint by a civilian that a deputy sheriff had assaulted him. An internal police investigation ensued in which Plaintiffs, deputies in the Los Angeles County Sheriffs Department, were asked or ordered to remain at work for questioning after their shifts had ended. After brief questioning by a member of the Internal Criminal Investigations Bureau, each deputy invoked his or her Fifth Amendment rights. Plaintiffs were subsequently taken off field duty and then reassigned to other shifts. No charges were ever filed against any of the Plaintiffs, and none of the Plaintiffs was ever forced to testify in any kind of proceeding.

As a result of this incident, Plaintiffs Elizabeth Aguilera (“Aguilera”), Phillip Arellano (“Arellano”), Benjamin Bardon (“Bardon”), Gustavo (“Gus”) Carrillo (“Gus Carrillo”), and Hector Ramirez (“Ramirez”) (collectively “Plaintiffs”) filed the action for damages and injunctive relief under 42 U.S.C. §§ 1983 and 1988 on September 5, 2003 against Defendants Leroy Baca (“Baca”), William Stonich (“Stonich”), Larry Waldie (“Waldie”), Dennis Dahlman (“Dahlman”),…

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