Case: Vaughn v. City of Seaside

5:99-cv-20462 | U.S. District Court for the Northern District of California

Filed Date: May 19, 1999

Closed Date: March 21, 2001

Clearinghouse coding complete

Case Summary

This case predates PACER, so its documents are not available electronically.In 1998, Seaside police officers shot and killed an African-American man who had been diagnosed with schizophrenia. On May 19, 1999, the spouse and children of the decedent brought this lawsuit in the U.S. District Court for the Northern District of California alleging civil rights violations. The plaintiffs sued the City of Seaside, the County of Monterey, the City of Seaside Chief of Police, three individual police of…

This case predates PACER, so its documents are not available electronically.

In 1998, Seaside police officers shot and killed an African-American man who had been diagnosed with schizophrenia. On May 19, 1999, the spouse and children of the decedent brought this lawsuit in the U.S. District Court for the Northern District of California alleging civil rights violations. The plaintiffs sued the City of Seaside, the County of Monterey, the City of Seaside Chief of Police, three individual police officers, and a Monterey County Mental Health Social Worker. This case was assigned to Judge Ronald M. Whyte.

On July 23, 1999, the defendants Monterey County and the social worker filed a motion to dismiss for failure to state a claim. On February 28, 2000 Judge Whyte granted the motion to dismiss. The plaintiffs were given 20 days leave to amend, and they filed an subsequent amended complaint. On May 17, 2000 Judge Whyte again granted a motion to dismiss for failure to state a claim upon which relief can be granted. The defendants Monterey County and the social worker filed a motion for summary judgment on October 4, 2000. Accordingly, on December 20, 2000 Judge Whyte dismissed the defendants Monterey County and the social worker.

Before the incident leading to his death, the decedent had been diagnosed with schizophrenia and was receiving treatment and medication for his condition.

The family members of the decedent hired a private agency to look into the the decedent's death. According to an article recounting the encounter between the decedent and the police, this report found that the decedent believed he was doing better and no longer needed his medications, so he stopped taking them. County Officials thought he should remain on his medications and pursued him constantly. On May 19, 1998, two mental health workers showed up at the decedent's home. The decedent told them he did not need their help, but the officials returned with police officers. The police were called because his social worker said he refused to submit to a voluntary welfare hold.

The police officers insisted that the decedent come out of his home. The decedent climbed onto the roof. One officer climbed up onto the roof after the decedent, and they talked for about 15 minutes. Then the officer shot pepper spray into the decedent's face. The officer returned to the ground, and then the scene became chaotic. The police and social workers were screaming at the decedent to surrender while another officer climbed up to the roof and sprayed caustic liquid in the decedent's face. When the decedent appeared to lunge at this officer, the officers on the ground shot at the decedent. The officers on the ground alleged that he threatened an officer who was on the roof with a corkscrew. The police shot the decedent at least four times. The decedent was taken to the hospital where he died of his injuries.

After the report from the private agency was released, the decedent's family settled with the City of Seaside and the Mental Health Department for undisclosed amounts. On January 2, 2001, the court was provided with notice that the parties had reached a settlement, and on March 21, 2001, Judge Whyte dismissed the case with prejudice. The case is now closed.

Impact on Police Interaction with Mentally Ill Individuals

The family and friends of the decedent demanded that the police officers that shot the decedent be terminated and prosecuted, but this never happened. The district attorney's office, who investigated officer-involved shootings, absolved the officers of all wrongdoing. At the time, this was to a recurring issue in Monterey County.

The decedent's son and close friend staged a 19-day hunger strike to call attention to the shooting.

This case changed the methods by which police contact people with mental illnesses. The family members of the decedent learned of a police training program in Memphis, Tennessee, called Crisis Intervention Training that had, in the short time since it was founded, decreased the number of individuals with mental health issues who were killed by police officers. The program changed the way officers were taught to interact with mentally ill suspects, teaching officers to diffuse the situation and see the encounter from the suspect's perspective. Over the course of two years, the family members of the decedent advocated for change and established a county-wide Crisis Intervention Training Academy in Monterey County. This program is provided by Monterey County Mental Health Department. According to the coordinator of the program, it is "an intensive 40-hour police training designed to ensure the safety of people who are in a crisis they can’t control, with a goal of getting them the help they need rather than sending them through the criminal justice system."

As of 2019, the Monterey County holds Crisis Intervention Training programs at least twice per year. Over 1,000 police officers have received at minimum 40 hours of instruction on crisis management. Some police departments in the Monterey County have had 100 percent participation in the program.

Summary Authors

Sabrina Glavota (7/6/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11258199/parties/vaughn-v-seaside-city-of/


Judge(s)
Attorney for Plaintiff

Burris, John L. (California)

Attorney for Defendant

Harray, Richard K (California)

Hurley, Vincent P (California)

Katz, Larry Alan (California)

Kruse, Lorie Ann (California)

Documents in the Clearinghouse

Documents in this case

5:99-cv-20462

Docket

March 28, 2001

March 28, 2001

Docket

Docket

See docket on RECAP: https://www.courtlistener.com/docket/11258199/vaughn-v-seaside-city-of/

Last updated Aug. 22, 2026, 5:04 a.m.

Docket for: Vaughn v. Seaside City of
ECF Number Date Description Link
1 May 19, 1999

COMPLAINT for Violation of Civil Rights Summons(es) issued; Fee status pd entered on 5/19/99 in the amount of $ 150.00 ( Receipt No. 2992); jury demand [5:99-cv-20462] (sus, COURT STAFF) (Entered: 05/21/1999)

RECAP
2 May 19, 1999

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Ronald M. Whyte : Proof of service to be filed by 7/6/99 ; counsels' case management statement to be filed by 9/7/99 ; initial case management conference will be held 10:30 9/17/99 . (cc: all counsel) (sus, COURT STAFF) (Entered: 05/21/1999)

RECAP
3 June 2, 1999

LETTER dated 6/2/99 from John L. Burris regarding the issuance of summons for County of Monterey and Theresa Cox. [5:99-cv-20462] (scu, COURT STAFF) (Entered: 06/10/1999)

RECAP
4 June 2, 1999

DECLARATION of Pamela M. Vaughn and Terrence Vaughn on behalf of Plaintiff Charles Vaughn Jr. in support of complaint [5:99-cv-20462] (scu, COURT STAFF) (Entered: 06/10/1999)

RECAP
5 June 9, 1999

NOTICE by Plaintiff Charles Vaughn Jr., Plaintiff Shella Martin, Plaintiff Pamela Vaughn, Plaintiff Terrence Vaughn of association of attorney Andrew C. Schwartz [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 06/30/1999)

RECAP
6 June 10, 1999

RETURN OF SERVICE executed upon defendant Seaside City of on 6/4/99 [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 06/30/1999)

RECAP
7 June 10, 1999

RETURN OF SERVICE executed upon defendant David Butler on 6/4/99 [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 06/30/1999)

RECAP
8 June 10, 1999

RETURN OF SERVICE executed upon defendant Louis Lumpkin on 6/4/99 [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 06/30/1999)

RECAP
9 June 10, 1999

RETURN OF SERVICE executed upon defendant Joseph Bertaina on 6/4/99 [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 06/30/1999)

RECAP
10 June 10, 1999

RETURN OF SERVICE executed upon defendant Ron Guth on 6/4/99 [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 06/30/1999)

RECAP
11 June 10, 1999

RETURN OF SERVICE executed upon defendant Monterey, County of on 6/4/99 [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 06/30/1999)

RECAP
12 June 10, 1999

RETURN OF SERVICE executed upon defendant Theresa Cox on 6/4/99 [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 06/30/1999)

RECAP
13 June 18, 1999

STIPULATION enlarging time to plead [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 06/30/1999)

RECAP
14 June 22, 1999

ANSWER by defendant Seaside City of, defendant David Butler, defendant Louis Lumpkin, defendant Joseph Bertaina, defendant Ron Guth to complaint [1-1]; jury demand [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 07/09/1999)

RECAP
15 July 8, 1999

ANSWER by defendant Seaside City of, defendant David Butler, defendant Louis Lumpkin, defendant Joseph Bertaina, defendant Ron Guth to complaint [1-1]; jury demand [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 07/26/1999)

RECAP
16 July 8, 1999

STIPULATION and ORDER by Judge Ronald M. Whyte : allowing to correct pages 9 and 10 of their answer previously filed (cc: all counsel) [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 07/26/1999)

RECAP
17 July 15, 1999

EX-PARTE APPLICATION before Judge Ronald M. Whyte by defendant Monterey, County of, defendant Theresa Cox for order permitting filing of memo in support of motion to dismiss [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 07/26/1999)

RECAP
18 July 23, 1999

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Monterey, County of, defendant Theresa Cox to strike complaint related to requests for damages with Notice set for 9/20/99 at 9 am [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 07/26/1999)

RECAP
19 July 23, 1999

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Monterey, County of, defendant Theresa Cox to dismiss for failure to state a claim with Notice set for 9/20/99 at 9 am [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 07/26/1999)

RECAP
20 July 23, 1999

MEMORANDUM by defendant Monterey, County of, defendant Theresa Cox in support of motion to dismiss for failure to state a claim [19-1], of motion to strike complaint related to requests for damages [18-1] [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 07/26/1999)

RECAP
July 23, 1999

RECEIVED Proposed Order ( defendant Monterey, County of, defendant Theresa Cox ) re: motion to dismiss for failure to state a claim [19-1], re: motion to strike complaint related to requests for damages [18-1] [5:99-cv-20462] (cgb, COURT STAFF)

July 23, 1999

RECEIVED Proposed Order ( defendant Monterey, County of, defendant Theresa Cox ) re: motion to dismiss for failure to state a claim [19-1] [5:99-cv-20462] (cgb, COURT STAFF)

21 July 27, 1999

NOTICE [20-1]re amended table of authorities to be inserted to memorandum of points and authorities in support of motion to dismiss for failure to state claim [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 08/04/1999)

RECAP
22 Aug. 5, 1999

JOINDER by defendant Seaside City of, defendant David Butler, defendant Louis Lumpkin, defendant Joseph Bertaina, defendant Ron Guth re motion to dismiss for failure to state a claim [19-1], re motion to strike complaint related to requests for damages [18-1] [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 08/09/1999)

RECAP
23 Aug. 12, 1999

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Monterey, County of, defendant Theresa Cox to strike FRCP 12(f) with Notice set for 11/5/99 at 9 am [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 08/16/1999)

RECAP
24 Aug. 12, 1999

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Monterey, County of, defendant Theresa Cox to dismiss complaint for failure to state claim with Notice set for 11/5/99 at 9 am [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 08/16/1999)

RECAP
Aug. 16, 1999

RECEIVED Stipulation and order continuing cmc to 9/17/99 submitted by defendant Monterey, County of, defendant Theresa Cox [5:99-cv-20462] (cgb, COURT STAFF)

25 Aug. 18, 1999

STIPULATION and ORDER by Judge Ronald M. Whyte : Case Management Conference set for 10:30 11/5/99 ; (cc: all counsel) [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 08/24/1999)

RECAP
Oct. 15, 1999

RECEIVED Stipulated protective order submitted by defendant Monterey, County of, defendant Theresa Cox [5:99-cv-20462] (cgb, COURT STAFF)

26 Oct. 19, 1999

STIPULATION and ORDER by Judge Ronald M. Whyte : All motions will be heard by 9:00 12/10/99 ;, Case Management Conference set for 10:30 12/10/99 ; (cc: all counsel) [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 10/25/1999)

RECAP
27 Oct. 19, 1999

STIPULATED and PROTECTIVE ORDER by Judge Ronald M. Whyte : (cc: all counsel) [5:99-cv-20462] (cgb, COURT STAFF) (Entered: 10/25/1999)

RECAP
28 Nov. 19, 1999

MEMORANDUM by Plaintiff in opposition to motion to dismiss complaint for failure to state claim [24-1], motion to strike FRCP 12(f) [23-1], motion to dismiss for failure to state a claim [19-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 11/29/1999)

RECAP
29 Nov. 29, 1999

REPLY by defendant Monterey, County of, defendant Theresa Cox to opposition memorandum [28-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 12/06/1999)

RECAP
30 Nov. 29, 1999

MEMORANDUM by defendant Monterey, County of, defendant Theresa Cox in support of biref in reply to pltfs' non-opposition to motion to strike [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 12/06/1999)

RECAP
31 Dec. 2, 1999

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 12/09/1999)

RECAP
32 Dec. 16, 1999

MINUTES: ( C/R not reported) ( Hearing Date: 12/10/99) Discovery cutoff set for 8/1/00 ; motions will be heard by 9:00 9/22/00 ; Pretrial conference set for 2:00 10/12/00 ; Jury trial will be held 1:30 10/23/00 ; cutoff date for expert discovery is 8/1/00 ; pre-trial statement due 10/6/00 ; [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 12/20/1999)

RECAP
33 Dec. 16, 1999

MINUTES: ( C/R Lee-Anne Shortridge) ( Hearing Date: 12/10/99) that the motion to strike [23-1] is submitted, that the motion to strike [18-1] is submitted [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 12/20/1999)

RECAP
34 Dec. 17, 1999

MEMORANDUM by Plaintiff in support of permitting pltfs to amend complaint to sue dft Theresa Cox [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 12/28/1999)

RECAP
35 Dec. 27, 1999

MEMORANDUM by defendant Monterey, County of, defendant Theresa Cox in opposition to pltfs' proposal to amend complaint [34-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 12/29/1999)

RECAP
36 Feb. 7, 2000

STIPULATION and ORDER by Judge Ronald M. Whyte : Discovery cutoff set for 7/25/00 ; All motions will be heard by 9:00 9/15/00 ; Pretrial conference set for 2:00 10/5/00 ; Jury trial will be held 1:30 10/16/00 ; cutoff date for expert discovery is 6/23/00 ; pre-trial statements due by 9/29/00 ; (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 02/15/2000)

RECAP
37 Feb. 28, 2000

ORDER by Judge Ronald M. Whyte granting motion to dismiss [19-1], [18-1] pltf is given 20 days leave to amend ( Date Entered: 2/29/00) (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 02/29/2000)

RECAP
38 March 7, 2000

NOTICE by defendant Monterey, County of, defendant Theresa Cox [37-2] order [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 03/10/2000)

RECAP
39 March 14, 2000

FIRST AMENDED COMPLAINT [1-1] by Plaintiff; jury demand [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 03/16/2000)

RECAP
40 March 15, 2000

NOTICE by defendant Monterey, County of [36-2] order [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 03/17/2000)

RECAP
47 March 23, 2000

RETURN OF SERVICE of first amended summons and first amended complaint executed upon defendant Seaside City of, defendant David Butler, defendant Louis Lumpkin, defendant Joseph Bertaina, defendant Ron Guth, defendant Monterey, County of, defendant Theresa Cox on 3/22/00 [5:99-cv-20462] (scu, COURT STAFF) (Entered: 05/02/2000)

RECAP
41 March 24, 2000

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Monterey, County of, defendant Theresa Cox to dismiss for failure to state a claim upon which relief can be granted with Notice set for 5/8/00 at 9:00 [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 03/30/2000)

RECAP
42 March 24, 2000

MEMORANDUM by defendant in support of motion to dismiss for failure to state a claim upon which relief can be granted [41-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 03/30/2000)

RECAP
March 24, 2000

RECEIVED Proposed Order ( defendant Monterey, County of, defendant Theresa Cox ) re: motion to dismiss for failure to state a claim upon which relief can be granted [41-1] [5:99-cv-20462] (dhm, COURT STAFF)

43 March 27, 2000

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Ronald M. Whyte by defendant Monterey, County of, defendant Theresa Cox to strike with Notice set for 5/12/00 at 9:00 [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 04/03/2000)

RECAP
44 March 27, 2000

ANSWER by defendant Seaside City of, defendant David Butler, defendant Louis Lumpkin, defendant Joseph Bertaina, defendant Ron Guth to first amended complaint [39-1]; jury demand [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 04/03/2000)

RECAP
March 27, 2000

RECEIVED Proposed Order ( defendant Monterey, County of, defendant Theresa Cox ) re: motion to strike [43-1] [5:99-cv-20462] (dhm, COURT STAFF)

45 March 29, 2000

STIPULATED PROTECTIVE ORDER by Judge Ronald M. Whyte : re dfts' production of documents (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 04/03/2000)

RECAP
46 March 29, 2000

AMENDED MOTION before Judge Ronald M. Whyte by defendant Monterey, County of, defendant Theresa Cox to dismiss for failure to state a claim upon which relief can be granted with Notice set for 5/12/00 at 9:00 [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 04/03/2000)

RECAP
48 April 21, 2000

OPPOSITION by Plaintiff Charles Vaughn Jr., Plaintiff Shella Martin, Plaintiff Pamela Vaughn, Plaintiff Terrence Vaughn to motion to strike [43-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 05/03/2000)

RECAP
49 April 28, 2000

REPLY by defendant Monterey, County of, defendant Theresa Cox to opposition to motion to dismiss for failure to state a claim upon which relief can be granted [46-1], motion to strike [43-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 05/09/2000)

RECAP
May 10, 2000

RECEIVED Proposed Order ( defendant Monterey, County of, defendant Theresa Cox ) [5:99-cv-20462] (dhm, COURT STAFF)

50 May 15, 2000

MINUTES: ( C/R Lee-Anne Shortridge) ( Hearing Date: 5/12/00) granting motion to dismiss with respect to the 5th cause of action [46-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 05/30/2000)

RECAP
51 May 16, 2000

STIPULATION and ORDER by Judge Ronald M. Whyte : regarding striking certain claims from first amended complaint (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 06/01/2000)

RECAP
52 May 17, 2000

ORDER by Judge Ronald M. Whyte granting motion to dismiss for failure to state a claim upon which relief can be granted [46-1], [43-1] ( Date Entered: 6/2/00) (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 06/02/2000)

RECAP
53 May 22, 2000

NOTICE by defendant [52-1] order [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 06/05/2000)

RECAP
54 June 19, 2000

ANSWER by defendant Monterey, County of, defendant Theresa Cox to first amended complaint [39-1]; jury demand [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 06/22/2000)

RECAP
June 21, 2000

RECEIVED Stip & Proposed Order ( defendant Monterey, County of ) witness info [5:99-cv-20462] (dhm, COURT STAFF)

55 June 22, 2000

STIPULATION and ORDER by Judge Ronald M. Whyte : Discovery cutoff set for 7/31/00 ; (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 06/26/2000)

RECAP
56 June 28, 2000

NOTICE by defendant Monterey, County of, defendant Theresa Cox [55-2] order [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 07/01/2000)

RECAP
June 30, 2000

RECEIVED Stip & Proposed Order ( Plaintiff) re exchange of expert witness information [5:99-cv-20462] (dhm, COURT STAFF)

57 July 11, 2000

STIPULATION and ORDER by Judge Ronald M. Whyte : re exchange of expert witness information (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 07/17/2000)

RECAP
58 July 11, 2000

ORDER by Judge Ronald M. Whyte withdrawing attorney Richard K. Harray for Louis Lumpkin and substituting attorney Vincent P. Hurley ( Date Entered: 7/17/00) (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 07/17/2000)

RECAP
59 July 11, 2000

STIPULATION and ORDER by Judge Ronald M. Whyte : Jury trial will be held 1/8/01 ;, Case Management Conference set for 10:30 11/10/00 ; (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 07/24/2000)

RECAP
July 17, 2000

RECEIVED substitution of attorneys submitted by defendant Seaside City of [5:99-cv-20462] (scu, COURT STAFF)

July 31, 2000

RECEIVED Proposed Order ( defendant Seaside City of ) re substition of attorneys [5:99-cv-20462] (dhm, COURT STAFF)

60 Aug. 2, 2000

ORDER by Judge Ronald M. Whyte withdrawing attorney Richard K. Harray for Joseph Bertaina and substituting attorney Larry Alan Katz, Louis D. Silver ( Date Entered: 8/5/00) (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 08/05/2000)

RECAP
Oct. 2, 2000

RECEIVED Stipulation & Proposed Order from Vincent P. Hurley ( defendant Louis Lumpkin ) i re discovery and discovery deadlines [5:99-cv-20462] (dhm, COURT STAFF)

61 Oct. 4, 2000

STIPULATION and ORDER by Judge Ronald M. Whyte : Discovery cutoff set for 11/6/00 ; Case Management Conference set for 11/17/00 ; cutoff date for expert discovery is 12/15/00 ; Jury trial will be held 1/8/01 ; (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
62 Oct. 4, 2000

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant Monterey, County of, defendant Theresa Cox for summary judgment with Notice set for 11/17/00 at 9:00 [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
63 Oct. 4, 2000

MEMORANDUM by defendant Monterey, County of, defendant Theresa Cox in support of motion for summary judgment [62-1] FILED UNDER SEAL [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
64 Oct. 4, 2000

DECLARATION by Nancy P. Tostevin on behalf of defendant Monterey, County of, defendant Theresa Cox re motion for summary judgment [62-1] FILED UNDER SEAL [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
65 Oct. 4, 2000

DECLARATION by Elizabeth Simonds on behalf of defendant Monterey, County of, defendant Theresa Cox re motion for summary judgment [62-1] FILED UNDER SEAL [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
66 Oct. 4, 2000

DECLARATION by J. Richard Elpers, M.D. on behalf of defendant Monterey, County of, defendant Theresa Cox re motion for summary judgment [62-1] FILED UNDER SEAL [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
67 Oct. 4, 2000

DECLARATION by Kyle Titus, Ph.D.,L.C.S.W. on behalf of defendant Monterey, County of, defendant Theresa Cox re motion for summary judgment [62-1] FILED UNDER SEAL [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
68 Oct. 4, 2000

DECLARATION by David N. Vandenberg, J.D. on behalf of defendant Monterey, County of, defendant Theresa Cox re motion for summary judgment [62-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
69 Oct. 4, 2000

DECLARATION by Robert C. Egnew, MSW,MPH on behalf of defendant Monterey, County of, defendant Theresa Cox re motion for summary judgment [62-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
70 Oct. 4, 2000

PROOF OF SERVICE by defendant Monterey, County of, defendant Theresa Cox of order received [0-0], order received [0-0], declaration [69-1], declaration [68-1], declaration [67-1], declaration [66-1], declaration [65-1], declaration [64-1], memorandum [63-1], motion for summary judgment [62-1] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/05/2000)

RECAP
Oct. 4, 2000

RECEIVED Proposed Order ( defendant Monterey, County of, defendant Theresa Cox ) re: motion for summary judgment [62-1] [5:99-cv-20462] (dhm, COURT STAFF)

71 Oct. 16, 2000

NOTICE by defendant Louis Lumpkin [61-2]of entry of order [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 10/23/2000)

RECAP
72 Nov. 6, 2000

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [5:99-cv-20462] (scu, COURT STAFF) (Entered: 11/06/2000)

RECAP
73 Nov. 15, 2000

LETTER dated 11/14/00 from Nancy P. Tostevin to Judge Whyte re stipulation for settlement [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 11/27/2000)

RECAP
74 Nov. 21, 2000

MINUTES: ( C/R not reported) ( Hearing Date: 11/17/00) Pretrial conference set for 2:00 1/4/01 ; Jury trial will be held 1:30 1/8/01 ; pre-trial statement due by 1/2/01 ; [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 11/28/2000)

RECAP
Dec. 11, 2000

RECEIVED Stipulation & Proposed Order of dismissal as to dfts County of Monterey and Theresa Cox by pltf [5:99-cv-20462] (dhm, COURT STAFF)

75 Dec. 20, 2000

STIPULATION and ORDER by Judge Ronald M. Whyte : dismissing party Theresa Cox, party Monterey, County of (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 01/02/2001)

RECAP
76 Dec. 26, 2000

PROOF OF SERVICE by defendant Monterey, County of, defendant Theresa Cox of order [75-2] [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 01/04/2001)

RECAP
78 Jan. 2, 2001

LETTER dated 12/29/00 from Richard K. Harray to Judge Whyte informing court that parties have reached a settlement [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 01/12/2001)

RECAP
77 Jan. 3, 2001

LETTER dated 1/3/01 from Richard K. Harray to Judge Whyte re pending settlement in this case [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 01/07/2001)

RECAP
79 March 8, 2001

ORDER by Mag. Judge Edward A. Infante referring case for discovery to Magistrate Judge Richard Seeborg () (cc: all counsel) [5:99-cv-20462] (cv, COURT STAFF) (Entered: 03/11/2001)

RECAP
80 March 21, 2001

STIPULATION and ORDER by Judge Ronald M. Whyte : dismissing case with prejudice (cc: all counsel) [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 03/22/2001)

RECAP
81 March 28, 2001

NOTICE by defendant Seaside City of, defendant David Butler [80-2] of entry of order [5:99-cv-20462] (dhm, COURT STAFF) (Entered: 04/03/2001)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Policing

Key Dates

Filing Date: May 19, 1999

Closing Date: March 21, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual with mental illness

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

City

City of Seaside

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Other Dockets:

Northern District of California 5:99-cv-20462

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Unknown

Relief Granted:

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: unknown

Issues

General/Misc.:

Aggressive behavior

Pattern or Practice

Disability and Disability Rights:

Mental Illness, Unspecified

Mental impairment

Affected Race(s):

Black

Policing:

Excessive force

Improper treatment of mentally ill suspects

Recommended Citation