Banks v. City Of Emeryville

109 F.R.D. 535 (1985)

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Nature of the Case

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Facts

Mercedes Banks was arrested by D for public drunkenness She was placed in a cell. During the course of her detention, a fire broke out in her cell. After the fire was extinguished, the she was found, charred nearly beyond recognition, on a mattress which had disintegrated into burnt shreds. On October 31, 1982, P sued under 42 U.S.C § 1983. P claims that the civil rights violations occurred as a direct consequence of inadequate supervision of individuals detained in Emeryville City Jail, inadequate fire safety procedures and equipment in the jail having furnished the cell with a dangerous and defective mattress, the dangerous and defective design of the jail, and for unlawful procedures in violation of California Penal Code § 647(f). Ds claim that the fire was a suicide. in which Ms. Banks lit herself and her cell mattress on fire. The defendants deny all allegations of negligence or racially motivated misconduct which may have contributed to Ms. Banks' death. On March 8, 1985, Ds filed a third-party complaint against those who were involved in the manufacture, distribution, or sale of the mattress which was ultimately placed in the decedent's jail cell. In the third-party complaint, Ds seek indemnification or contribution based on eight separate causes of action: 'general' indemnification, strict products liability, breach of warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for particular purposes, negligence, misrepresentation, and breach of contract. The third-party defendants have moved for judgment on the pleadings for all eight causes of action.