Facts

Tasia R., a minor, by and through her Guardian ad Litem, Stacy Ready, sued Grossmont Union High School District, the City of El Cajon, Leroy Becker, Randy Reid, Jenee Littrell, and Pat Keeley, in connection with a school incident that occurred on March 3, 2013.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a 10th grade student at Chaparral High School, which was part of the School District located in El Cajon. Plaintiff contended she was called into the principal's office after school officials allegedly ran a narcotics detector dog though the campus. While at the principal's office, plaintiff requested to make a phone call to her mother, but Littrell refused to allow her to do so. School officials summoned Officer Becker of the city's police department, who was acting as a school resource officer, to come to the office to address the issue. Plaintiff alleged that she and Becker were involved in a verbal exchange after plaintiff allegedly refused to sit down as Becker had ordered. He then handcuffed plaintiff's hands behind her back, and took her to another office where he proceeded to grab her violently and slam her to the ground. Plaintiff claimed she was screaming, but Becker continued to keep his weight on her, and refused to let her up. Plaintiff alleged that Reid, a district employee, was in the room when Becker's assault took place, but did nothing to intervene in the situation. The other individual defendants were within earshot of her screams for help, but also did nothing to intervene and protect her from Becker's assault.

Plaintiff sued defendants alleging causes of action for excessive force in violation of 42 U.S.C. Section 1983 against Becker, and excessive force/failure to intervene in violation of Section 1983 against Reid, Littrell, and Keeley. Plaintiff also claimed violation of the Bane Act against all defendants, battery against Becker, the city, and the School District, and negligence against all defendants.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the complaint, arguing they were immune from suit. Alternatively, they argued the case should be dismissed for failure to state a claim.

Injuries

Plaintiff suffered a broken clavicle bone. She also sustained bruises on her face, which was bloodied and swollen and carpet burns on her arms.

Result

The court granted defendant's motion to dismiss in part. Particularly, the court granted the motion to dismiss the Bane Act claim against Reid and the Section 1983 claim against Reid. However, the court denied the motion to dismiss as to plaintiff's negligence claim against Reid. Further, the court dismissed with prejudice all claims against the School District. The Bane Act claim against Reid and the Section 1983 claim against Reid, and all claims against Littrell and Keeley are dismissed without prejudice.