Dean Kidder II v. Los Angeles County; Los Angeles County Sheriff's Department; Sheriff Deputies Regan, Velasco, and Draper and Does 1 through 10, inclusive
Published: Sep. 5, 2015 | Result Date: Mar. 18, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-06218-SVW-E Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Allison B. Margolin
(Allison B. Margolin PLC)
James Raza Lawrence
(Margolin & Lawrence)
Defendant
Harold G. Becks
(Harold G. Becks & Associates)
Douglas L. Day
(Harold G. Becks & Associates)
Facts
Dean Kidder II sued the Los Angeles County, Los Angeles County Sheriff's Dept., and Sheriff Deputies Regan, Velasco, and Draper, in connection with an incident that occurred on Oct. 5, 2011.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant Draper conducted a traffic stop on him in connection with surveillance of a medical marijuana dispensary. The other named defendant deputies were involved in the surveillance. Although he was not issued any traffic citation, Deputy Draper nevertheless conducted a search of his vehicle. He was then arrested after Deputy Draper discovered marijuana. Plaintiff claimed his possession of the medical marijuana was legal. He claimed he had a medical marijuana recommendation and that he belonged to a non-profit medical marijuana collective. Moreover, plaintiff claimed that the deputy did not recover any other evidence that reflected marijuana sales. A criminal case was filed against plaintiff in connection with the incident, which the criminal court ultimately dismissed. Plaintiff then brought this lawsuit against the officers and state actors involved for violation of his civil rights under 42 U.S.C. Section 1983, violation of Article I of the California Constitution, negligence, violation of California Civil Code Section 52.1, and negligent hiring, retention, and supervision. Plaintiff moved for summary judgment.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses.
Result
The court found sufficient cause for the traffic stop and the subsequent search. The court also concluded that Deputy Draper was entitled to qualified immunity and found no evidence regarding Kidder's claims that he was unreasonably detained. The court denied Kidder's motion for summary judgment. Accordingly, the court dismissed Kidder's complaint on the merits with prejudice and entered judgment in favor of defendants.
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