Soler v. County of San Diego

274 F. Supp. 3d 1043
CourtDistrict Court, S.D. California
DecidedAugust 11, 2017
DocketCase No.: 14cv2470-MMA (RBB)
StatusPublished

This text of 274 F. Supp. 3d 1043 (Soler v. County of San Diego) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Soler v. County of San Diego, 274 F. Supp. 3d 1043 (S.D. Cal. 2017).

Opinion

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

HON. MICHAEL M. ANELLO, United States District Judge

Plaintiff James Soler brings this civil rights action against the County of San Diego, seven individual San Diego County Sheriffs Deputies, and a former public defender, pursuant to 42 U.S.C. § 1983 and California state law. Plaintiff alleges seven causes of action in his Third Amended Complaint, including violations of his Fourth and Fourteenth Amendment rights, wrongful arrest, wrongful detention, false imprisonment, negligence, legal malpractice, and municipal- liability. See Doc. No. 60. Defendants move for summary judgment as to all claims. See Doc. No. 143. Plaintiff filed an opposition to the motion, to which Defendants replied. See Doc. Nos. 147, 148, 155. In addition, the Court granted Plaintiff leave to file a sur-reply. See Doc. Nos. 157, 159. The Court ■took the matter under submission on the briefs pursuant to Civil Local Rule 7.1.d.l. See Doc. No. 156. For the reasons set forth below, the Court GRANTS Defendants’ motion.

Background 1

This action arises out of events involving Plaintiffs arrest and subsequent detention [1048]*1048for a thirty-year old crime he did not commit. In May 1985, an individual named Steven Lee Dishman was serving a seven year sentence for burglary and theft of property when he escaped from a prison work release program in Arkansas. Plaintiff James DeWolfe Soler and Steven Lee Dishman are not the same person. Nevertheless, on August 7, 2013, after seeing an internet notice describing Dishman’s physical characteristics and escape, Plaintiffs neighbor contacted the Arkansas Department of Corrections (“ADOC”) to report that Dishman was living in California under the name James DeWolfe Soler.

On September 25, 2013, Ray Hobbs, Director of the ADOC, swore to an affidavit stating that Steven Lee Dishman was living in Alpine, California under the alias of James DeWolfe Soler. Hobbs presented the affidavit to an Arkansas judge, who in turn issued an Affidavit of Probable Cause to support the extradition of “Steven Dish-man, a/k/a James DeWolfe Soler” from California to Arkansas. Def. Ex. B. The ADOC forwarded the certified affidavits to the Office of Arkansas Governor Mike Beebe, who issued a requisition for extradition to California Governor Brown.

On November 27, 2013, the Office of the Governor of California issued a Governor’s Warrant of Rendition commanding as follows:

WHEREAS, it has been represented to me by the Governor of the State of Arkansas that Steven Lee Dishman aka James De Wolfe Soler stands convicted under the laws of that state of Burglary and Theft of Property, thereafter escaped from custody, fled from the justice of the State of Arkansas, and is now found to be in the State of California; and
WHEREAS, pursuant to the provisions of the Constitution and the laws of the State of California and the State of Arkansas, the Governor of the State of Arkansas has demanded of me that I shall cause the fugitive to be arrested and delivered to Director Ray Hobbs and/or designated agent(s) authorized to receive into custody and convey the fugitive back to said state; and
WHEREAS, the representation and demand is accompanied by the requisition, a copy of the Judgment and Commitment, Warrant, and supporting papers certified by the Governor of the State of Arkansas to be authentic, whereby the fugitive was convicted of the crime.
THEREFORE, I, Edmund G. Brown Jr., Governor of California, acting through my duly authorized Interstate Rendition Officer, command you to arrest and secure Steven Lee Dishman aka James DeWolfe Soler, wherever he may be found within this state, and to deliver him into the custody of the designated agents; to be returned to the State of Arkansas, there to be dealt with according to law.

Def. Ex. C (bold in original).

On December 6, 2013, the California Governor’s Office issued a Request to Locate and Serve, directed to the Extraditions Division of the San Diego County District Attorney’s Office, together with the Governor’s Warrant and the Arkansas Governor’s Agent’s Appointment. The Request to Locate and Serve provided the Alpine, California address of James De-Wolfe Soler. According to an activity log maintained by a paralegal employed with the Extraditions Division, on January 7, 2014, the paralegal spoke to Defendant Mark Milton, a San Diego Sheriffs Department detective assigned to the Court Services Bureau, regarding the Governor’s Warrant. Milton indicated that he would have his “field guys” attempt an arrest. Def. Ex. G. Milton testified during his deposition that he forwarded the materials he received, along with booking informa[1049]*1049tion and a photograph of Plaintiff from a previous arrest, to Defendant Sergeant Turvey in the El Cajon Courthouse Field Division.

Turvey supervised Defendant Deputies Germain and Medina, field deputies tasked with serving civil process and warrants for the Sheriffs Department. On January 13, 2014, Germain and Medina encountered Plaintiff at his home in Alpine, California. Plaintiff provided the deputies with a California Driver’s License bearing the name James DeWolfe Soler, and the address listed on the Request to Locate and Serve. Defendants took Plaintiff into custody pursuant to the Governor’s Warrant. At the time of his arrest, Plaintiff and his wife denied that he was Steven Lee Dishman, and stated they suspected their, neighbors had falsely accused him. Germain and Medina transported Plaintiff to the Alpine Sheriffs Sub-Station, and subsequently to San Diego Central Jail.

The next morning, Plaintiff informed jail staff that' he was not Steven Lee Dishman. Defendant Sergeant Banuelos proceeded with an investigation pursuant to the Sheriffs Department Detention Services Bureau Policy for instances where a warrant possibly names the wrong person. In his report, Banuelos recommended that Plaintiff appear at an identity hearing in addition to his extradition hearing. Less than forty-eight hours after his arrest, Plaintiff appeared before a San Diego Superior Court judge for his initial appearance. Defendant Deputy Public Defender Tarantino served as Plaintiffs appointed counsel. Plaintiff informed Tarantino that he was not Steven Lee Dishman. Tarantino learned that no fingerprint comparison had been done, and the court continued the hearing until January 22, 2014 in order for the fingerprint comparison to be completed.

Plaintiff remained in custody after the hearing.' A print comparison was performed on Thursday, January 16, 2014. The examiner determined the prints did hot match. The District Attorney’s Office conducted a confirmatory comparison on Tuesday, January 21, 2014.2 The prints did not match. The District Attorney’s Office notified Defendant Smith, and Plaintiff was released from custody that same day.

Based on these events, Plaintiff brings the following claims: (i) wrongful arrest in violation of the Fourth Amendment against Defendants Germaine, Medina, Miltori, Smith, and Turvey; (2) wrongful detention in violation of the Fourth and Fourteenth Amendments against all Defendant Officers; (3) municipal liability under 42 U.S.C. § 1983

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Cite This Page — Counsel Stack

Bluebook (online)
274 F. Supp. 3d 1043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/soler-v-county-of-san-diego-casd-2017.