Artemis Herrera Rojas v. Sonoma County, et al.
Published: Nov. 12, 2011 | Result Date: Oct. 21, 2011 | Filing Date: Jan. 1, 1900 |Case number: 3:2011-cv-01358 Bench Decision – Partial Dismissal
Court
USDC Northern
Attorneys
Plaintiff
Benjamin Nisenbaum
(Law Offices of John L. Burris)
John L. Burris
(Law Offices of John L. Burris)
Defendant
Facts
Artemis Rojas was at the Sonoma County courthouse on July 27, 2009, appearing on charges of driving with a suspended license, when he was tackled and beaten by Deputy Sheriff Clark and five other deputies.
Contentions
PLAINTIFF'S CONTENTIONS:
Rojas filed suit against Clark and the County, alleging assault, battery, false arrest, and negligence. He contended that one of the deputies called him a murderer and gang member, and made a remark about sending him back to Mexico. Rojas alleged that the attack was racially motivated.
Result
The court found that Rojas failed to make an allegation that Clark acted with an intent to discriminate, partially dismissing the case.
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