Marsh

Marsh v. County of San Diego

Good Law
771 F. Supp. 2d 1227·2011 WL 613349·2011 U.S. Dist. LEXIS 13666
United States District Court, Southern District of CaliforniaFebruary 11, 2011Case 07CV1923 JLS (AJB)California3,487 words

Opinion

Opinion

Sammartino, J.

ORDER: 1) GRANTING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND 2) DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT IN THE ENTIRETY

Presently before the Court is Plaintiff Brenda L. Marsh’s motion for summary judgment (Doc. No. 39 (Plaintiffs MSJ)) and Defendants Jay S. Coulter and County of San Diego’s motion for summary judgment. (Doc. No. 41 (Defendants’ MSJ).) Also before the Court are the associated oppositions and replies. After consideration, the Court GRANTS Defendants’ motion for summary judgment on the 42 U.S.C. § 1983 , Monell, and California Civil Code § 52.1 claims. And having dismissed those claims, this Court DECLINES supplemental jurisdiction over the remaining state claims and DISMISSES them WITHOUT PREJUDICE. Plaintiffs motion for summary judgment is DISMISSED IN ITS ENTIRETY.

For nearly three decades, the San Diego community has witnessed the legal drama surrounding the Marsh family. In 1983, two-year-old Phillip Buell died while in the care of Kenneth M. Marsh. The state prosecuted Mr. Marsh for Phillip’s death and obtained a second-degree murder conviction. The conviction was affirmed on appeal. Mr. Marsh went to prison. Many years passed.

In 2003,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.