Lerma v. Nogales, City of et al
| Diego A Lerma |
| Nogales, City of, Nogales Police Department, Robert Fierros, Unknown Fierros, Jose R Pimienta, Unknown Pimienta, G Ortega, Unknown Ortega, R De La Ossa, Unknown De La Ossa and Unknown Parties |
| 4:2012cv00518 |
| July 10, 2012 |
| US District Court for the District of Arizona |
| Tucson Division Office |
| Santa Cruz |
| Charles R Pyle |
| Frank R Zapata |
| Americans with Disabilities - Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
122
*ORDER ADOPTING 115 REPORT AND RECOMMENDATION as the findings of fact and conclusions of law by this Court, with the exception leave shall not be granted to amend the complaint. Defendants 96 Motion for Summary Judgment is GRANTED in part and DEN IED in part accordingly. The summary judgment is granted as to Plaintiffs claims: that the City of Nogales had a custom or practice of tasering people indiscriminately in violation of 42 U.S.C. § 1983 (portion of Claim 1); under the ADA (Claim 2 ); of negligence (Claim 5) alleged against the EMTs only; of inadequate training (Claim 6); of vicarious liability (Claim 9) as to the federal claims only (the parties do not dispute that Claim 9 remains as to the state law claims); and for exemplary damages (Claim 10) except as to Defendant Pimienta. IT IS FURTHER ORDERED that summary judgment is denied as to Plaintiffs claims alleging: excessive force in violation of 42 U.S.C. § 1983 (portion of Claim 1); assault (Claim 3); battery (Claim 4); negligence (Claim 5) as to the police officers; negligent supervision (Claim 7); intentional infliction of emotional distress (Claim 8); and entitlement to exemplary damages as to Defendant Pimienta (Claim 10). A separate order shall issue setti ng this case for Pretrial Conference on the remaining issues and a date for the filing of the Joint Proposed Pretrial Order and motions in limine. Signed by Senior Judge Frank R Zapata on 9/30/14. (BAC) *Modified file date from 10/1/14 to 9/30/14; NEF regenerated on 10/1/2014 (SSU).
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