Fenters et al v. Yosemite Chevron et al

Filing 209

ORDER Directing Parties to be Prepared to Discuss Case at Hearing on Motions for Summary Judgment, signed by Judge Oliver W. Wanger on 4/6/2009. (Kusamura, W)

1 2 3 4 5 6 7 8 9 10 11 12 13 YOSEMITE CHEVRON, et al., 14 15 16 17 18 19 20 21 22 23 24 25 26 Defendants. vs. Plaintiff, TIFFANY FENTERS, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. CV-F-05-1630 OWW/DLB ORDER DIRECTING PARTIES TO BE PREPARED TO DISCUSS CASE AT HEARING ON MOTIONS FOR SUMMARY JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

The parties are ordered to be prepared to discuss at the hearing on the motions for summary judgment, Bielanski v. County of Kane, 550 F.3d 632, 642-643 (7th Cir.2008), where the Seventh Circuit held: [W]e have stated that the Fourth Amendment `drops out of the picture following a person's initial appearance in court.' Hernandez v. Sheahan, 455 F.3d 772, 777 (7th Cir.2006). The travel restrictions and the meeting with the probation officer were restrictions imposed by a judge once Bielanski appeared in court, and so a Fourth Amendment claim against these defendants cannot stand. In short, Bielanski has failed to allege a seizure (continuing or otherwise) 1

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by these defendants and thus has no claim under the Fourth Amendment. IT IS SO ORDERED.

3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 Dated: 668554 April 6, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE