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)

show all people

Documents in the Clearinghouse

Document

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 Feb. 23, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

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)

May 19, 1999

May 19, 1999

PACER
2

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)

May 19, 1999

May 19, 1999

PACER
3

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)

June 2, 1999

June 2, 1999

PACER
4

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)

June 2, 1999

June 2, 1999

PACER
5

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)

June 9, 1999

June 9, 1999

PACER
6

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

June 10, 1999

June 10, 1999

PACER
7

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

June 10, 1999

June 10, 1999

PACER
8

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

June 10, 1999

June 10, 1999

PACER
9

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

June 10, 1999

June 10, 1999

PACER
10

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

June 10, 1999

June 10, 1999

PACER
11

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

June 10, 1999

June 10, 1999

PACER
12

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

June 10, 1999

June 10, 1999

PACER
13

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

June 18, 1999

June 18, 1999

PACER
14

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)

June 22, 1999

June 22, 1999

PACER
15

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)

July 8, 1999

July 8, 1999

PACER
16

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)

July 8, 1999

July 8, 1999

PACER
17

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)

July 15, 1999

July 15, 1999

PACER
18

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)

July 23, 1999

July 23, 1999

PACER
19

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)

July 23, 1999

July 23, 1999

PACER
20

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)

July 23, 1999

July 23, 1999

PACER

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

July 23, 1999

PACER

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)

July 23, 1999

July 23, 1999

PACER
21

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)

July 27, 1999

July 27, 1999

PACER
22

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)

Aug. 5, 1999

Aug. 5, 1999

PACER
23

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)

Aug. 12, 1999

Aug. 12, 1999

PACER
24

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)

Aug. 12, 1999

Aug. 12, 1999

PACER

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)

Aug. 16, 1999

Aug. 16, 1999

PACER
25

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)

Aug. 18, 1999

Aug. 18, 1999

PACER

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

Oct. 15, 1999

Oct. 15, 1999

PACER
26

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)

Oct. 19, 1999

Oct. 19, 1999

PACER
27

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

Oct. 19, 1999

Oct. 19, 1999

PACER
28

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)

Nov. 19, 1999

Nov. 19, 1999

PACER
29

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)

Nov. 29, 1999

Nov. 29, 1999

PACER
30

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)

Nov. 29, 1999

Nov. 29, 1999

PACER
31

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

Dec. 2, 1999

Dec. 2, 1999

PACER
32

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)

Dec. 16, 1999

Dec. 16, 1999

PACER
33

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)

Dec. 16, 1999

Dec. 16, 1999

PACER
34

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)

Dec. 17, 1999

Dec. 17, 1999

PACER
35

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)

Dec. 27, 1999

Dec. 27, 1999

PACER
36

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)

Feb. 7, 2000

Feb. 7, 2000

PACER
37

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)

Feb. 28, 2000

Feb. 28, 2000

PACER
38

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

March 7, 2000

March 7, 2000

PACER
39

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

March 14, 2000

March 14, 2000

PACER
40

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

March 15, 2000

March 15, 2000

PACER
47

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)

March 23, 2000

March 23, 2000

PACER
41

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)

March 24, 2000

March 24, 2000

PACER
42

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)

March 24, 2000

March 24, 2000

PACER

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)

March 24, 2000

March 24, 2000

PACER
43

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)

March 27, 2000

March 27, 2000

PACER

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

March 27, 2000

March 27, 2000

PACER
44

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)

March 27, 2000

March 27, 2000

PACER
45

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)

March 29, 2000

March 29, 2000

PACER
46

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)

March 29, 2000

March 29, 2000

PACER
48

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)

April 21, 2000

April 21, 2000

PACER
49

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)

April 28, 2000

April 28, 2000

PACER

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

May 10, 2000

May 10, 2000

PACER
50

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)

May 15, 2000

May 15, 2000

PACER
51

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)

May 16, 2000

May 16, 2000

PACER
52

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)

May 17, 2000

May 17, 2000

PACER
53

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

May 22, 2000

May 22, 2000

PACER
54

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)

June 19, 2000

June 19, 2000

PACER

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

June 21, 2000

June 21, 2000

PACER
55

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)

June 22, 2000

June 22, 2000

PACER
56

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

June 28, 2000

June 28, 2000

PACER

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

June 30, 2000

June 30, 2000

PACER
57

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)

July 11, 2000

July 11, 2000

PACER
58

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)

July 11, 2000

July 11, 2000

PACER
59

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)

July 11, 2000

July 11, 2000

PACER

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

July 17, 2000

July 17, 2000

PACER

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

July 31, 2000

July 31, 2000

PACER
60

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)

Aug. 2, 2000

Aug. 2, 2000

PACER

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

Oct. 2, 2000

Oct. 2, 2000

PACER
61

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)

Oct. 4, 2000

Oct. 4, 2000

PACER
62

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)

Oct. 4, 2000

Oct. 4, 2000

PACER
63

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)

Oct. 4, 2000

Oct. 4, 2000

PACER
64

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)

Oct. 4, 2000

Oct. 4, 2000

PACER
65

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)

Oct. 4, 2000

Oct. 4, 2000

PACER
66

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)

Oct. 4, 2000

Oct. 4, 2000

PACER
67

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)

Oct. 4, 2000

Oct. 4, 2000

PACER
68

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)

Oct. 4, 2000

Oct. 4, 2000

PACER
69

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)

Oct. 4, 2000

Oct. 4, 2000

PACER

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

Oct. 4, 2000

Oct. 4, 2000

PACER
70

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)

Oct. 4, 2000

Oct. 4, 2000

PACER
71

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

Oct. 16, 2000

Oct. 16, 2000

PACER
72

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

Nov. 6, 2000

Nov. 6, 2000

PACER
73

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)

Nov. 15, 2000

Nov. 15, 2000

PACER
74

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)

Nov. 21, 2000

Nov. 21, 2000

PACER

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

Dec. 11, 2000

Dec. 11, 2000

PACER
75

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)

Dec. 20, 2000

Dec. 20, 2000

PACER
76

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)

Dec. 26, 2000

Dec. 26, 2000

PACER
78

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)

Jan. 2, 2001

Jan. 2, 2001

PACER
77

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)

Jan. 3, 2001

Jan. 3, 2001

PACER
79

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)

March 8, 2001

March 8, 2001

PACER
80

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)

March 21, 2001

March 21, 2001

PACER
81

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)

March 28, 2001

March 28, 2001

PACER

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 of Seaside (Seaside), City

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Unknown

Nature of Relief:

Injunction / Injunctive-like Settlement

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: unknown

Issues

General:

Aggressive behavior

Pattern or Practice

Policing:

Excessive force

Improper treatment of mentally ill suspects

Disability and Disability Rights:

Mental impairment

Mental Illness, Unspecified

Race:

Black