Green

Green v. Baca

Good Law
306 F. Supp. 2d 903·2004 WL 406361
United States District Court, Central District of CaliforniaFebruary 20, 2004CV 02-04744 MMM (MANx)California9,686 words

Opinion

Opinion

Morrow, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This action concerns plaintiffs alleged overdetention at the Los Angeles County Jail for a period of seven and a half days in July 2001. Defendant Leroy Baca is the Los Angeles County Sheriff, and has exclusive responsibility for running the County Jail. Plaintiff Billie Earl Green was arrested by his parole officer, Sebastian Minjarez, on June 4, 2001, for violating his parole. He was released from jail in the early morning hours of July 14, 2001. Plaintiff alleges that defendant knew he was entitled to release on July 6, 2001, but, pursuant to Sheriffs Department policy, did not release him until July 14, 2001. Plaintiff brings a claim under 42 U.S.C. § 1983 for violation of his federal constitutional rights, and seeks to hold Baca liable pursuant to Monell v. Dep’t of Social Services, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). Before the court is defendant’s motion for summary judgment or, alternatively, for partial summary judgment on certain issues.

I. FACTUAL BACKGROUND

On June 4, 2001, plaintiff was arrested by his parole agent, Sebastian Minjarez, for failing to register as a…

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