On January 25, 2017 the Honorable Judge Yvonne Gonzalez Rogers, a United States District Court judge ruled the City of Eureka and its officers were dismissed from the lawsuit on summary judgment. The lawsuit brought by Stephany Borges, the mother of decedent, through the Law Offices of Dale K. Galipo and John C. Fattahi. The City was defended by Ms. Adrienne M. Moran, of Shapiro Galvin Shapiro and Moran of Santa Rosa.
Daren Borges was arrested after citizens called police regarding Borges taking off his clothes in public. Borges later died of acute methamphetamine intoxication. According to the court, summary judgment is proper if the pleadings and evidence in record "show that there is no genuine issue as to any material fact." Summary judgement was then granted.
While the loss of any life is regrettable, the City is pleased the Court recognized that neither the City nor its officers had any responsibility for Daren Borges' death. The City and its officers have now been dismissed from the lawsuit.
For further information, the Courts decision can be found on the Eureka Police Departments Transparency Portal, located on the Eureka Police Department website.