Estate of Cesar Rodriguez v. City of Long Beach

I. INTRODUCTION AND BACKGROUND

Plaintiffs Rosa Moreno and the Estate of Cesar Rodriguez filed this action arising out of the death of Cesar Rodriguez (“Rodriguez”), Moreno’s son, against defendants the City of Long Beach (“the City”), Long Beach Police Department Officer Martin Ron (“Ron”), and Does 1-10 on August 28, 2018. Dkt. 1 (“Compl.”). Plaintiffs allege that on August 29, 2017, Rodriguez was detained by Ron and other officers while Rodriguez was exiting a passenger train at the Los Angeles Metro Rail’s Wardlow Blue Line Station. Id. According to plaintiffs, after Ron forcefully brought Rodriguez to the edge of the train platform, Rodriguez was struck by an approaching train. Id. 4] 20-23. Rodriguez subsequently succumbed from his injuries after being transported to Long Beach Memorial Medical Center Hospital. Id. §[ 27. Plaintiffs asserts the following claims for relief: (1) excessive force in violation of 42 U.S.C. § 1983, against Ron and Does 1-10; (2) Monell liability against the City and Does 5—10 for inadequate training; (3) assault and battery against the City, Ron, and Does 5-10; and (4) wrongful death against all defendants. See generally…