Cotta

Cotta v. County of Kings

Good Law
79 F. Supp. 3d 1148·2015 WL 106362·2015 U.S. Dist. LEXIS 1637
United States District Court, Eastern District of CaliforniaJanuary 7, 2015No. 1:13-cv-359-LJO-SMSCalifornia16,254 words

Opinion

Lead Opinion

Lawrenceneill, J.

MEMORANDUM DECISION AND ORDER RE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Doc. 60)

I. INTRODUCTION

This case concerns the death of John Cotta (“Decedent”), who was allegedly killed by his cellmate on April 23, 2012, while incarcerated at Kings County Jail (“the jail”). See Doc. 47, Second Amended Complaint (“SAC”), at ¶ 4. Yvonne Cotta *1153 (“Mrs. Cotta”), individually and as the representative of the Estate of John Cotta, the Estate of John Cotta (“the Estate”), Madison Cotta, and Kaylianna Cotta (collectively, “Plaintiffs”) bring this suit against the County of Kings (“the County”) Sergeant Shari Henderson (“Sgt. Henderson”) (collectively, “Defendants”), and Does 1-50 on the ground Defendants violated Decedent’s constitutional rights while he was incarcerated and those violations ultimately caused his death. See id. at 9-15.

Currently pending before the Court is Defendants’ motion for summary judgment. Doc. 60. The Court did not set a hearing for the motion and the parties did not request one. Doc. 70. The Court finds it appropriate to rule on the motion without oral argument. See Local Rule 230(g); id. For the following reasons, the Court GRANTS IN PART and DENIES IN PART…

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