Banks v. City of Emeryville
United States District Court for the Northern District of California
109 F.R.D. 535 (N.D. Cal. 1985)
Mercedes Banks was arrested for public intoxication and died in a fire in her Emeryville police holding cell; the fire started in her mattress. Banks's family (plaintiff) sued the City of Emeryville and its police chief (defendants) under 42 U.S.C. § 1983, claiming the cell was dangerously furnished and the jail was inadequately supervised. The defendants filed a third-party complaint against the manufacturers, distributors, and sellers of the mattress, seeking indemnification or contribution on a defective-product theory. The third-party defendants moved to dismiss.
Whether a third-party plaintiff may bring a third-party complaint seeking indemnification or contribution based solely on state law.