Morris et al v. City of Fresno et al

Filing 81

ORDER Regarding Defendants' 66 Motion to Dismiss Plaintiffs' Fifth Amended Complaint signed by Judge Oliver W. Wanger on 06/18/2010. Amended Complaint due by 7/26/2010; Defendants Responsive Pleading is due within Twenty (20) Days of Notice of the Electronic Filing of any such Amended Complaint. (Flores, E)

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Rosemary T. McGuire, Esq. Bar No. 172549 Michael R. Linden, Esq. Bar No. 192485
WEAKLEY, ARENDT, MCGUIRE, LLP 1630 E. Shaw Avenue, Suite 176 Fresno, CA 93710 Telephone: [phone] Facsimile: [phone]

Attorneys for Defendants, FRESNO POLICE DEPARTMENT, OFFICER CHRISTOPHER LONG and OFFICER JEREMY DEMOSS

IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. ROBERT MORRIS and MICHELLE MORRIS, pro se ) ) ) Plaintiffs, ) ) vs. ) ) FRESNO POLICE DEPARTMENT, ) OFFICER CHRISTOPHER LONG, ) OFFICER JEREMY DEMOSS, ) ) Defendants. ) ____________________________________ ) CASE NO. 1:08-CV-01422-OWW-GSA ORDER REGARDING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIFTH AMENDMENT COMPLAINT

Defendants' motion to dismiss the fifth amended complaint of plaintiffs ROBERT MORRIS and MICHELLE MORRIS ("Plaintiffs") came on for hearing on May 24, 2010. Defendants CITY OF FRESNO POLICE DEPARTMENT, OFFICER CHRISTOPHER LONG and OFFICER JEREMY DEMOSS ("Defendants") were represented by James J. Arendt. Plaintiffs, who are proceeding in pro per, appeared on their own behalf. After reviewing the papers submitted by the parties and hearing oral argument on the issues presented the court orders that the motion is granted in part and denied in part. 1. With respect to the excessive force claims alleged by Robert and Michelle Morris, the motion to dismiss is DENIED; With respect to the unreasonable seizure claim of Robert Morris, based on the blood draw, the motion to dismiss is GRANTED, without prejudice; ____________________________
(Proposed) Order on Defendants' Motion to Dismiss Plaintiffs' Fifth Amended Complaint

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3.

With respect to the municipal liability claim against the City of Fresno, the motion to dismiss is GRANTED, without prejudice.

Any amended complaint is due within thirty (30) days of the electronic filing of the Court's Memorandum Decision. Defendants' responsive pleading is due within twenty (20) days of notice of the electronic filing of any such amended complaint.

IT IS SO ORDERED. Dated: June 18, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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