Abhijit Prasad v. Gail Simmons, Guadalupe Acezes, County of Santa Clara
Published: May 17, 2019 | Result Date: Mar. 29, 2019 |Case number: 15-cv-04933-BLF Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Diane B. Weissburg
(Weissburg Law Firm)
Jerry A. Weissburg
(Weissburg Law Firm)
Defendant
Stephen H. Schmid
(Office of the Santa Clara County Counsel)
Facts
Abhijit Prasad brought a Section 1983 action against the County of Santa Clara and County Department of Family and Children's Services employees Guadalupe Acezes and Gale Simmons, in relation to proceedings initiated against plaintiff involving the statewide Child Abuse Central Index. In 2010, the county determined Prasad sexually abused his oldest daughter, but not his youngest daughter. The county submitted Prasad's name to the CACI for mandatory listing, but the county mistakenly indicated Prasad abused both of his daughters. Further, the county failed to actually submit Prasad's information to CACI and his name was not listed in 2010. Prasad, believing his name was submitted, requested a grievance hearing, which he ultimately lost, and the findings were upheld in state court. After the county discovered its mistakes in 2015, and submitted accurate information regarding Prasad to CACI, Prasad requested another grievance hearing that the county denied because Prasad provided one previously.
Contentions
PLAINTIFF'S CONTENTIONS: Prasad claimed that the failure to provide him a second grievance hearing after his name was first successfully submitted to CACI constituted a violation of his due process rights and intentional infliction of emotional distress.
DEFENDANT'S CONTENTIONS: Defendants moved for summary judgment on Prasad's claims and denied any violations of Prasad's due process rights occurred.
Result
The court granted defendants' motion for summary judgment. Specifically, the court found that because the allegations in 2015 were identical to those previously made against Prasad in 2010, and because Prasad received a grievance hearing in 2010 providing him sufficient due process, no reasonable jury could find Prasad's due process violations took place. As a result, the court determined Prasad's Section 1983 claim against Aceves and Simmons failed as well.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390