Doe

Doe v. City of San Diego

Good Law
35 F. Supp. 3d 1195·2014 WL 3893035·2014 U.S. Dist. LEXIS 87924
United States District Court, Southern District of CaliforniaMarch 17, 2014Case No. 12-cv-689-MMA-DHBCalifornia6,776 words

Opinion

Lead Opinion

Anello, J.

ORDER GRANTING PLAINTIFF JANE DOE’S MOTION FOR PARTIAL SUMMARY JUDGMENT

[Doc. No. 202]

This case arises out of the alleged predatory sexual behavior of former San Diego Police Officer Anthony Arevalos. Plaintiff Jane Doe (“Plaintiff’ or '“Doe”) was one of *1197 Arevalos’ many victims. Plaintiff filed suit against Defendants City of San Diego (the “City”), Arevalos, and nine of Arevalos’ past supervisors in the San Diego Police Department. In the present motion, Plaintiff seeks to hold the City vicariously hable for Arevalos’ tortious conduct. In addition, Plaintiff seeks summary judgment against the City on her claims of sexual assault and battery. Upon consideration of the comprehensive record before the Court, including the written and oral arguments of counsel, the Court GRANTS Plaintiffs motion for partial summary judgment.

Factual Background

On March 8, 2011, Plaintiff Jane Doe attended a Mardi Gras event in the downtown area of San Diego. At approximately 10:45 p.m., Doe left the event in anticipation of her night shift at a youth center. While proceeding out of downtown, Doe was pulled over by on-duty San Diego Police Department Officer Anthony Areva-los for failing…

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