Pelayo

Pelayo v. City of Downey

Good Law

570 F. Supp. 2d 1183·2008 WL 2959877·2008 U.S. Dist. LEXIS 73005

United States District Court, Central District of CaliforniaJuly 31, 2008CV 07-02802 MMM (RZx)California13,500 words

Opinion

Morrow, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

On April 27, 2007, plaintiff Peter Eugene Pelayo, Jr. commenced this action against numerous defendants. Certain defendants were associated with the City of Downey and its police department. Others were associated with Los Angeles County and its Sheriffs Department. The complaint alleged that officers used excessive force against Pelayo while arresting him on April 29, 2006. Pelayo filed a first amended complaint on November 28, 2007. The only cause of action asserted against the City of Downey and Officer Llamas (and the Estate of Jose Llamas) is a § 1983 claim for violation of Pelayo’s constitutional rights. The City, the Downey Police Department, and Officer Llamas (and Estate of Jose Llamas) have now moved for summary judgment on this claim.

I. FACTUAL & PROCEDURAL BACKGROUND

A. Procedure

Pelayo’s first amended complaint, filed November 28, 2007, asserts claims for violation of civil and constitutional rights under 42 U.S.C. § 1983 , assault, intentional infliction of emotional distress, negligence, violation of the Unruh Act, violation of the Americans with Disabilities Act (“ADA”), and failure to intervene. It seeks…

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