Doe

ORDER DENYING DEFENDANT CITY OF SAN DIEGO’S MOTION FOR SUMMARY JUDGMENT [Doc. No. 201]

This action arises out of a March 8, 2011 incident in which Plaintiff Jane Doe (“Plaintiff’ or “Doe”) was sexually assaulted and battered by San Diego Police Department Officer Anthony Arevalos. Plaintiff, in part, seeks relief under 42 U.S.C. § 1983 and Monell v. Dep’t of Soc. Servs. of New York, 436 U.S. 658 , 98 S.Ct. 2018 , 56 L.Ed.2d 611 (1978). In the present motion, Defendant City of San Diego (the “City”) moves for summary judgment on Plaintiffs Monell claim. [Doc. No. 201.] On February 24, 2014, the Court issued a tentative ruling denying the City’s motion. Thereafter, the Court held a hearing on the matter. Upon consideration of the comprehensive record before the Court, including the written and oral arguments of counsel, the Court AFFIRMS its tentative ruling and DENIES the City’s summary judgment motion. The Court’s ruling today expresses no opinion as to the merits of Plaintiffs Mo-nell claim; rather, it permits Plaintiff to present her claim to a jury as a contested question of fact.

Background

Anthony Arevalos served ás a police officer for the San Diego Police Department…