Motion for Summary Judgment Granted in Government Tort Liability Action

In this case, a plaintiff sued our public entity client for negligence and municipal liability under 42 U.S.C. Section 1983. The plaintiff alleged that the public entity’s employees inappropriately and unlawfully pepper sprayed him while he was incarcerated at a local jail. On behalf of our public entity client, we moved for summary judgment on the grounds that the public entity was statutorily immune from the negligence cause of action and that the plaintiff did not have sufficient evidence to raise a triable issue of material fact with respect to the municipal liability claim.  The motion was granted in its entirety.