Marsh
Marsh v. County of San Diego
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.