Von Colln v. County of Ventura

Good Law

1999 WL 1125369·189 F.R.D. 583·1999 U.S. Dist. LEXIS 20956

United States District Court, Central District of CaliforniaNovember 12, 1999No. CV-97-3896 LGB CWXCalifornia13,643 words

Opinion

lead Opinion

Baird, J.

ORDER (1) GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION; (2) GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION; (3) DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT; AND (4) DENYING DEFENDANTS’ MOTION TO DISMISS.

I. INTRODUCTION

Plaintiffs in this ease were detained by the Ventura County Sheriffs Department (“VCSD”) at different times. During their detention, they were restrained in what has been called a “Pro-straint” chair. A Prostraint chair is comprised of a plastic chair, leg irons, handcuffs, and various straps. Plaintiffs allege that the chair was used solely for the purpose of punishment, humiliation, and intimidation in violation of their constitutional rights.

II. FACTUAL AND PROCEDURAL HISTORY

This ease is brought by four individuals who were, at one point, detained by the VCSD, and on behalf of those similarly situated. Plaintiff Von Colin alleges that on May 28, 1996, he accidentally fell off his bicycle. See Consolidated Pis.’ First Am. Compl. at 5. As a result of the fall, he became unconscious. See id. He was subsequently arrested and only regained consciousness upon arrival at the Ventura County Jail. See id. Von Colin alleges that he was in custody…

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Parties

Kurt John VON COLLN, Jr., Keith George Stringer, Eric Pratt, Jeffery Lloyd, Consolidated
Plaintiff
COUNTY OF VENTURA, Sheriff Larry Carpenter in his official and personal capacity, Sheriff Rob Brooks in his official and personal capacity, Chief Ken Kipp in his official and personal capacity, deputies John Hajducko, Dennis Smith, Clinton Johnson, Edwin Ilano and Todd Werre, and Does 1-10
Defendant

Judges

Baird

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