Wright v. City Of Oakland

Background

Demetrius A. Wright, a former detainee and current state prisoner, filed this civil-rights action under 42 U.S.C. § 1983 while representing himself. He alleges that Oakland police officer Allen failed to properly address his medical needs during questioning. He also alleges that Chief of Police Kirkpatrick and the City of Oakland failed to properly train and supervise Oakland police officers, including Allen.

The defendants filed a motion for summary judgment, which asks the court to rule on the claims based on the evidence without a trial. Wright filed a motion to amend his complaint to add allegations and new defendants, including Oakland Police Officers Marisa Fiorino and Giovana Borgna. The court had previously denied the motion to amend without prejudice as to the new allegations and the request to add Fiorino and Borgna, while stating that it would consider the motion during review of the summary-judgment motion.

Stay and reopening

The case was stayed and administratively closed while a related Ninth Circuit matter proceeded. That appellate matter concluded when the Ninth Circuit granted a joint motion to voluntarily dismiss the appeal on November 27, 2024. The court therefore lifted the stay and reopened this case.

Rulings

The court granted Wright’s motion to amend. The case now proceeds on the amended complaint, and Fiorino and Borgna were added as defendants.

The court denied the defendants’ motion for summary judgment without prejudice. The order states that the defendants may file an amended summary-judgment motion at a later date. The order does not state that the court entered judgment on the underlying claims.

The court directed the Clerk to issue a summons and directed the United States Marshal to serve the amended complaint and attachments on Fiorino and Borgna without requiring advance payment of fees. After the new defendants waive service or are served and counsel appears, the case will be referred to the Northern District of California Pro Se Prisoner Mediation Program.

Other instructions

Wright must serve copies of his communications with the court on the defendants or their counsel. He must prosecute the case, notify the Clerk separately of any change of address, and comply with court orders in a timely manner. The court stated that failure to do so may result in dismissal for failure to prosecute under Federal Rule of Civil Procedure 41(b).

Judge James Donato signed the order on February 28, 2025.