Meloncon v. City of Long Beach
In 2006, appellant Marquis Meloncon (Meloncon) was apprehended for burglary by Long Beach police officers, using a canine unit. He now appeals from the summary judgment granted against him and in favor of defendants, City of Long Beach (City), Joseph Valenzuela (Valenzuela) and Andrew Fox (Fox) (collectively defendants), on Meloncon's complaint, the gravamen of which is that he suffered injuries by reason of the officers' use of excessive force in failing to promptly call off the canine unit after he had been subdued. As to the state causes of action, the motion was made primarily on the ground that Meloncon had failed to comply with the Tort Claims Act (Act) before filing his lawsuit and, as to the federal civil rights cause of action, on the grounds that it was not pled with particularity, the police officers had qualified immunity and the City had no liability under Monell.[1]
Meloncon contends that (1) his complaint to the Long Beach Police Department (Department) was in substantial compliance with the claim filing requirements of the Act, (2) defendants are estopped from claiming that he did not properly file a government claim, (3) defendants waived their claim that he did not properly file a government claim, and (4) summary judgment was improperly granted on his federal cause of action.
The judgment is reversed with directions.
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