Pagtakhan v. Alexander

999 F. Supp. 2d 1151, 2013 WL 6139626, 2013 U.S. Dist. LEXIS 166632
CourtDistrict Court, N.D. California
DecidedNovember 21, 2013
DocketNo. C 08-2188 SI (pr)
StatusPublished
Cited by2 cases

This text of 999 F. Supp. 2d 1151 (Pagtakhan v. Alexander) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pagtakhan v. Alexander, 999 F. Supp. 2d 1151, 2013 WL 6139626, 2013 U.S. Dist. LEXIS 166632 (N.D. Cal. 2013).

Opinion

ORDER GRANTING SUMMARY JUDGMENT FOR COUNTY DEFENDANTS

(Docket # 58)

SUSAN ILLSTON, United States District Judge

INTRODUCTION

Plaintiff filed a pro se civil rights action under 42 U.S.C. § 1983 and 42 U.S.C. § 1985, claiming among other things, violations of his civil rights stemming from a prosecution arising out of his alleged stalking of persons connected to a wrestling school in which he had enrolled. The court stayed the action pending resolution of the criminal charges. Three years later, the charges were dismissed, and the stay was lifted. Plaintiff then filed a 108-page first amended complaint with more than 40 causes of action against 35 defendants, and later filed a 26-page amendment. The Court dismissed some of the defendants, and ordered service on other defendants. The County Defendants have moved for summary judgment on the grounds that (1) the claims against them are barred by the principles of res judicata and (2) they have immunity. Plaintiff first responded with a cursory opposition brief which attempted to simultaneously oppose five separate motions by different defendants. The court permitted plaintiff to file further written oppositions to the motions pending against him. Plaintiff filed short opposition briefs to the several motions, including an opposition to the County Defendants’ motion, but submitted no evidence.

BACKGROUND

A. Overview of Plaintiffs Action

The following is a summary of the factual allegations made in plaintiffs first amended complaint: Pagtakhan wanted to be a professional wrestler, so he signed up for a camp at the All Pro Wrestling School in Hayward. The people who operated and took part in the wrestling camp made statements and did other things that allegedly violated his state and federal rights from about July 2006 until August 2007. He wanted to drop out of the program (or the All Pro Wrestling operators wanted him to leave it), and a disagreement arose as to whether he was owed a refund or he owed further monies for the program. [1154]*1154Docket #32, First Amended Complaint (hereinafter “FAC”), p. 29. After Pagtakhan dropped out of the program, the All Pro Wrestling people conspired to have him falsely charged and arrested for a crime. FAC at 36. On August 11, 2007, Pagtakhan was arrested in the parking lot across the street from the All Pro Wrestling gym in Hayward, after having been lured there under a ruse that he would receive a partial refund from the wrestling camp. Id. at 48. He was arrested at gunpoint by Burlingame police inspector Chuck Witt, who had been investigating him for months and conspiring with the All Pro Wrestling people to falsely arrest him. Id. at 48-49. Two Hayward police officers assisted in the arrest. Id. at 49. Pagtakhan thereafter was prosecuted and falsely imprisoned. Pagtakhan wanted a speedy trial, but his attorney declared a doubt as to his competency and the judge suspended the criminal proceedings to deal with the competency issues. Id. at 67. After Pagtakhan’s arrest, the police searched his home and seized two computers. They later seized some model martial arts weapons. Id. at 66. Doctors “falsified and fabricated reports,” and misdiagnosed Pagtakhan as delusional and incompetent. Id. at 9. Pagtakhan was transferred to Napa State Hospital and remained there for more than three years. Doctors at the hospital were negligent in their examinations and diagnoses of him. Id. at 12. Conservatorship proceedings were instituted against him but were unsuccessful. 'On October 27, 2011, a jury found that he did not have a mental illness and was competent for trial. Id. at 9-10. The criminal charges were dismissed on June 14, 2012. Id. at 6.

This Court dismissed the claims against the Wrestling Defendants as time-barred. Docket # 38. The Court allowed service on some of the defendants, including among others: Christina Webb, Donald Weiher, and Lisa Mancini (the “non-D.A. defendants”), as well as James P. Fox, Elizabeth Hill, Melissa McKowan, Jane Doe Feldman, Stephen Wagstaffe and the San Mateo County District Attorney’s Office (the “D.A. defendants”). Docket # 39. The non-D.A. defendants and the D.A. defendants are collectively referred to as the County Defendants.

B. Claims Against The County Defendants

1. Claim Against the Non-D.A. Defendants For Malicious Prosecution

Causes of action (B) and (C) in the first amended complaint are for “Malicious Prosecution As To Conservatorship Proceedings,” with citations to 42 U.S.C. § 1983 and § 1985(2) and § 1985(3). See FAC at 9. The defendants listed for these causes of action include the D.A. defendants and the non-D.A. defendants. Id.

Pagtakhan’s first amended complaint alleges that defendant Lisa Mancini was a public guardian, and that she, Donald Wei-her, and Christina Webb worked at the San Mateo Public Guardian’s Office. FAC at 4-5. (Donald Weiher was the appointed temporary conservator and Christine Webb signed the petition seeking to establish the conservatorship. See FAC at 9; Docket # 58-3 at 53.) Pagtakhan alleges that assistant district attorney McKowan, public defender Hove and Webb “conspired and acted to have Pagtakhan further committed by a conservatorship”; that Dr. Leifer provided McKowan and Webb with a false report misdiagnosing Pagtakhan as delusional, incompetent and a danger to the community; and that Dr. Leifer gave false testimony during the conservatorship trial. FAC at 9; Docket # 37 at 6-7, 20. “On 10/27/2011, Webb, Weiher (appointed temporary conservator) and Mancini lost that trial by a 12 to 0 unanimous decision; LPS case no. 120759.” FAC at 9. According to Pagtakhan, the jury at the conservatorship trial deter[1155]*1155mined that he did not have a mental illness, was competent for trial, and was not a danger to the community. Id. at 10. He further alleges that “Webb purposefully performed a biased investigation into Pagtakhan’s case as there was overwhelming evidence that he was unlawfully committed in the first place. Weiher and Mancini were negligent of that fact.” FAC at 10. He further alleges that the Public Guardian’s Office failed to supervise Webb and to properly investigate his case, resulting in the malicious prosecution of the conservatorship proceedings against him. Id.

The court earlier dismissed the malicious prosecution claims against the D.A. defendants for prosecuting the criminal case against Pagtakhan. See Docket # 39 at 5. After plaintiff filed an amendment that attempted to cure deficiencies in his conspiracy pleading (see Docket # 35 and #37), the court dismissed the allegations that attempted to hold persons liable based on their involvement in conspiracies. See Docket #39 at 7. The dismissal of the conspiracy-based claims means that no claim is stated under 42 U.S.C. § 1985(2) or (3), as those subsections provide causes of actions for certain conspiracies.

2. Claims Against The D.A Defendants

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Bluebook (online)
999 F. Supp. 2d 1151, 2013 WL 6139626, 2013 U.S. Dist. LEXIS 166632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pagtakhan-v-alexander-cand-2013.