Superior Court of San Andreas
County of Los Santos
Civil Division
Case Name: Montblanc v. Los Santos Police Department Police Officer Shakhzadov (61658), and the Los Santos Police Department
Case Number: 25-LSC-04115
Order to Serve:
The court hereby issues the following order:
I. Jurisdiction
This Court has authority over this case. The incident took place in the Market area of Los Santos, which is within this Court's jurisdiction.
II. Sovereign Immunity
The defendants state that they have sovereign immunity in accordance with the Sovereign Immunity Act of 2018. The plaintiff argues that the immunity is not relevant using the examples of Ex Parte Young, 209 U.S. 123 (1908), and City of Los Santos v. Lyons, 461 U.S. 95 (1983), and indicates that the defendants did not properly plead this defense.
The Plaintiff has also made the claims that Officer Shakhzadov has violated her First Amendment rights and that the Los Santos Police Department's manifestation of "deliberate indifference" to constitutional rights as specified in Monell v. Department of Social Services, 436 U.S. 658 (1978) may be exempted from immunity and may have failed to raise the defense of immunity as clearly demanded in Henderson v. United States, 517 U.S. 654 (1996), which may be interpreted as a relinquishment of the defense.
Therefore, the Court finds that the defendants have NO sovereign immunity at this stage. The defendants can bring back this claim provided that they supplement the pleading within 48 hours.
III. Possibility of a clearer statement
After the civil case brief was duly filled in with all the details and the accusations were confirmed by the audio, the Court regarded the Plaintiff’s declarations as very likely to be true with the test for plausibility being satisfied. The charges can be ordered well without going into more details.
Therefore, the Court DISMISSES any plea for a more definitive statement.
IV. Accountability of claims
Rule 36 of the Federal Rules of Civil Procedure and Rule 2034 of the San Andreas Rules of Civil Procedure provide that the absence of a denial may be regarded as an admission.
The 48 hours from the issuance of this Order are given to the Defendants for filing a response that would speak to each allegation. Otherwise, the allegations might be considered to constitute an admission of the claim.
V. SUBPOENA DUCES TECUM
The Court regards the inquiries as pertinent to the Plaintiff’s case and accordingly ISSUES the subpoena. The Los Santos Police Department should bring the documents within 48 hours, redacting being the only thing that is aimed at the Court.
SO ORDERED.
Dated: April 20, 2025
/s/ Trent Caldwell
Superior Court Judge
County of Los Santos, Civil Division