Cordova

Cordova v. Lake County

Good Law
United States District Court, Northern District of CaliforniaApril 8, 20244:18-cv-00367California2,358 words

Opinion

Trial Court Opinion

BACKGROUND

25 On January 17, 2018, Plaintiff Richard Dennis Cordova (“Cordova”), acting pro se, filed 26 his original complaint. On July 18, 2018, he filed a first amended complaint (“FAC”), asserting 27 claims against Lake County Deputy Sheriff Aaron Clark (“Clark”) and the County pursuant to 42 U.S.C. section 1983. Cordova filed his Second Amended Complaint on October 27, 2023, and the County moved for summary judgment on December 22, 2023.1 Clark arrested Cordova on January 29, 2016. At the time, Clark relied on information based on a case management system (“CMS”) maintained by the County, which showed Cordova was on Post Release Community Supervision (“PRCS”). If Cordova was on PRCS, Clark could search Cordova without a warrant. See Cal. Pen. Code § 3453(f). However, on December 10, 2015, Cordova’s probation officer, Jose Martinez, determined that Cordova should be terminated from PRCS. That information was not entered into the CMS until February 4, 2016. (Declaration of John Wellfleet, ¶ 4, Ex. C (Deposition of Rob Howe (“Howe Depo.”) Vol. II at 200:21-201:1).) When Clark tried to search Cordova, an altercation ensued…

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