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Civil Rights
42 U.S.C. Section 1983
Fourteenth Amendment Rights

Lisa Tucker v. City of Pasadena, Pasadena Police Department, Pasadena Police Department Officer Kathryn Jorge and Does 1 through 10

Published: Aug. 29, 2015 | Result Date: Jul. 22, 2015 | Filing Date: Jan. 1, 1900 |

Case number: 2:15-cv-00726-GW-AJW Bench Decision –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

James P. Segall-Gutierrez
(Law Office of James P. Segall-Gutierrez)


Defendant

Frank L. Rhemrev

Michele B. Bagneris
(Office of the Pasadena City Attorney)


Facts

Lisa Tucker sued the City of Pasadena, Pasadena Police Dept. and Sergeant Kathryn Jorge for alleged civil rights violations.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff worked at a Convalescent hospital in Pasadena. Plaintiff alleged that on Sept. 19, 2013, around 3:35 in the afternoon, she was alerted that one of the patients, who had been diagnosed with dementia, had walked out of the hospital, unsupervised. As such, plaintiff and three of her co-workers followed the patient. Plaintiff and her co-workers kept their distance because the patient appeared combative. Hospital staff summoned the Pasadena Police for assistance. Sgt. Jorge and another officer responded at the scene. Plaintiff had an interaction with Sgt. Jorge on the scene, in which the officer accused plaintiff of being "mad" and having a "bad attitude." Sgt. Jorge then proceeded to complain about plaintiff's allegedly bad behavior to plaintiff's boss. Plaintiff was later called into her boss's office where, to her surprise Sgt. Jorge was Sgt. Jorge blocked the door, leaving plaintiff afraid and unable to leave the room. Soon after she was released, plaintiff filed a citizen's complaint against Sgt. Jorge at a Pasadena Police station. Plaintiff asserted a single cause of action for civil rights violations under 42 U.S.C. Section 1988.

DEFENDANTS' CONTENTIONS:
The complaint did not allege the use of any force nor any unlawful seizure.

Result

The court entered judgment in favor of defendants due to plaintiff's failure to file an amended complaint following a ruling dismissing her lawsuit with leave to amend.


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