Summary Judgment Granted In Favor of Fountain Valley in Bean Bag Force Action

On September 27, 2016, Judge John Gastelum of the Orange County Superior Court  granted summary judgment in favor of the Defendant City of Fountain Valley and two of its peace officers in the matter of Roe v. City of Fountain Valley, et al., Case No. 30-2015-00773657-CU-CR-CJC.  In this civil rights action, plaintiff asserted causes of action under Civil Code § 52.1 (“Bane Act”) and 42 U.S.C. section 1983 as well as causes of action for negligence and assault and battery, claiming that officers from the Fountain Valley Police Department committed acts of “excessive force” when a split-second decision was made to deploy two less lethal bean bag rounds in order to de-escalate a potentially deadly situation.  Finding that the undisputed facts demonstrated that the officer’s response deploying two less-lethal bean bag rounds was reasonable to control a rapidly evolving and escalating situation, the court entered summary judgment in favor of the City of Fountain Valley and its peace officers.  Briefing and oral argument handled by John A. Rundell.