Facts

On Jan. 7, 2012, Stephanie Jennings and a group of other middle-aged women who call themselves the "Occupellas" congregated outside the San Diego Civic Center to "sing songs about social issues to the tune of familiar songs." A group of Occupy San Diego protestors marched from the Children's Park into the plaza in front of the Civi Center. At that point, Jennings left her group and encountered Sergeant James Milano who allegedly pushed her to the ground and directed two or three police officers to arrest her. The officers allegedly used excessive and unnecessary force in arresting her.

Jennings was placed in a holding cell at Las Colinas Detention Facility with eight to 10 other women. She informed the officers and a nurse of her recent kidney transplant and atrial fibrillation and her need to take anti-rejection medication. The officers did not give her the medicine. She developed an intense migraine and threw up inside the cell.

Jennings sued the City of San Diego, County of San Diego, Milano, and several other officers alleging 11 causes of action, including negligence, intentional infliction of emotional distress, interference with federal and state constitutional rights, and unlawful seizure, arrest, and detention.

Result

U.S. District Judge James Lorenz largely dismissed Jennings' claims. The judge granted the city's motion to dismiss a negligence claim and dismissed her claims against the county for intentional infliction of emotional distress, interference with federal and state constitutional rights, and unlawful seizure, arrest, and detention. Her claims alleging unlawful policies and practices were also dismissed because she failed to show that the county had a policy of violating people's civil rights. Judge Lorenz granted Jennings leave to amend her complaint to properly plead her theories of liability with the provision that she make no reference to vicarious liability theories. The City still faced nine claims against it, including false arrest, battery, intentional infliction of emotional distress, and other civil rights violations. Plaintiff is amending the complaint to provide the additional detail requested by the judge.