Shaffer v. Santa Clara County Sheriff's Office

Background

On August 11, 2026, the court screened Shaffer’s complaint. It identified cognizable claims and dismissed the remaining portions of the complaint with leave to amend within 28 days. The earlier order warned that if Shaffer did not amend, the case would proceed only on retaliation claims against Deputies Loazia #1 and Loazia #2. More than 28 days passed, and Shaffer did not file an amended complaint.

Ruling

The court’s current order states that Shaffer has cognizable excessive-force claims against Deputies Loazia #1 and Loazia #2. It dismissed all other claims and defendants. The order does not state that these dismissals were with or without prejudice.

Case Schedule and Requirements

The court ordered service on Deputies Loazia #1 and Loazia #2. No later than 90 days after the deputies file waivers of service, they must file a motion for summary judgment or another dispositive motion, unless they notify the court that the case cannot be resolved that way. A dispositive motion is one that could end the case, such as a motion for summary judgment. Shaffer’s opposition, if any, is due 28 days after service of the motion, and any reply is due 14 days after the opposition. Unless the court orders otherwise, no hearing will be held.

The parties may conduct discovery, including depositions, under the Federal Rules of Civil Procedure without another court order. Shaffer must serve copies of his communications with the court on the defendants or their counsel, keep the court informed of any address change, and comply with court orders. The court warned that failure to prosecute the case could lead to dismissal under Federal Rule of Civil Procedure 41(b).

Judge Wise’s order uses “excessive force” to describe the claims allowed to proceed, while quoting the earlier warning as referring to “retaliation claims.” The opinion does not explain that difference.