Orzell Long v. City of San Francisco, Deputy Chief of the San Francisco Police Department Denise Schmitt, and Does 1 through 20, inclusive
Published: Apr. 9, 2016 | Result Date: Nov. 5, 2015 | Filing Date: Jan. 1, 1900 |Case number: CGC-11-516199 Summary Judgment – Defense
Court
San Francisco Superior
Attorneys
Plaintiff
Tiega-Noel Varlack
(Varlack Legal Services)
Defendant
Kimberly A. Bliss
(Office of the San Francisco City Attorney)
Dennis J. Herrera
(San Francisco Public Utilities Commission)
Facts
Plaintiff sued defendants relating to his arrest on June 29, 2011. He brought claims for negligence, false imprisonment, assault and battery, intentional infliction of emotional distress, conversion, and violations of 42 U.S.C. Section 1983.
Contentions
PLAINTIFF'S CONTENTIONS:
Long contended that the police came to his house after his girlfriend, Penny Brown, called 911 after he refused to give her money to buy drugs. Brown allegedly lied to the police, saying that Long had been physical with her. Long claimed that the police arrested him without probable cause, later releasing him without charging him for any crime. He also alleged that the officers committed a battery when they handcuffed him, and failed to properly secure his apartment, resulting in the theft of items from his home.
DEFENDANTS' CONTENTIONS:
Defendants contended that they had probable cause to arrest Long, did not convert his property or act negligently toward securing it, and that the officers were immune from negligent or intentional conduct.
Result
The court granted defendants' motion for summary judgment.
Other Information
FILING DATE: Feb. 16, 2012.
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