Legal Opinion

Gotbaum Ex Rel. Gotbaum v. City of Phoenix

District Court, D. Arizona

Decided October 17, 2008No. CV-08-0937-PHX-DGCPublishedCited by 40 opinions

1Opinion of the Court

ORDER

DAVID G. CAMPBELL, District Judge.

Plaintiffs have filed a motion to transfer this case to Tucson. Dkt. # 13. Defendants have filed motions to dismiss all predeath suffering claims and to dismiss the City of Phoenix Police Department as a defendant. Dkt. ## 11, 12. The motions have been fully briefed. For reasons stated below, the Court will deny Plaintiffs’ motion to transfer, grant Defendants’ motions to dismiss the Phoenix Police Department, and deny Defendants’ motion to dismiss Plaintiffs’ claim for pre-death pain and suffering. 1

I. Background.

Plaintiffs’ complaint arises from the…

2Cases cited25 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Wilson v. GarciaSupreme Court of the United States · 1985
  3. Irvin v. DowdSupreme Court of the United States · 1961
  4. Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
  5. United States v. PriceSupreme Court of the United States · 1966

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3Cited by40 opinions

  1. Roe Ex Rel. Callahan v. Gustine Unified School DistrictDistrict Court, E.D. California · 2009
  2. Woodward v. StateCourt of Criminal Appeals of Alabama · 2011
  3. McMillan v. StateCourt of Criminal Appeals of Alabama · 2010
  4. Manion v. Ameri-Can Freight Sys. Inc.District Court, D. Arizona · 2019
  5. (PC) Hackworth v. ArevalosDistrict Court, E.D. California · 2024

35 more not listed; retrieve them via the Exa API.

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