C.B. v. Sonora School District, et al.

Filing 112

ORDER Denying in Part and Granting in Part defendant's Motion for Summary Judgment, signed by Judge Oliver W. Wanger on 2/25/2011. (Kusamura, W)

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JOHN F. MARTIN, ESQ. (SBN 52618) CHRISTINE HOPKINS, ESQ. (SBN 240248) LAW OFFICES OF JOHN F. MARTIN A Professional Corporation 3100 Oak Road, Suite 230 Post Office Box 5331 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, C.B.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

C.B., a minor, Plaintiff, v. SONORA SCHOOL DISTRICT; KAREN SINCLAIR; CITY OF SONORA; CHIEF OF POLICE MACE MCINTOSH; OFFICER HAL PROCK; DOES 1-10 Defendants.

Case No. 1:09-CV-00285-OWW-SMS ORDER DENYING IN PART AND GRANTINGIN IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Date: Time: Courtroom: Hon.: 2/07/11 10:00 a.m. 3 Oliver W. Wanger

Action filed: 2/13/09 Trial Date: 05/03/11

Defendants' Motion for Summary Judgment was heard by this Court on February 7, 2011, the Honorable Oliver W. Wanger presiding. The Court, having read the supporting and opposing papers, and having heard oral arguments at the hearing, and good cause appearing, orders as follows: IT IS HEREBY ORDERED that:

Order on Defendants' Motion for Summary Judgment Case No. 1:09-CV-00285-OWW-SMS

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1.

Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's 42

U.S.C. § 1983 causes of action against individual Defendants Hal Prock and Mace McIntosh for seizure and use of excessive force in violation of the 4th Amendment of the U.S. Constitution; 2. Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's 42

5 U.S.C. § 1983 causes of action against municipal Defendant City of Sonora for seizure and use of 6 7 8 9 10 4. Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's claim 11 for punitive damages against Defendants Hal Prock and Mace McIntosh; 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Order on Defendants' Motion for Summary Judgment Case No. 1:09-CV-00285-OWW-SMS 1

excessive force in violation of the 4th Amendment of the U.S. Constitution; 3. Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's state law claims for false imprisonment, battery, and intentional infliction of emotional distress;

5. Defendants' Motion for Summary Judgment is GRANTED as to Plaintiff's claim for punitive damages against Defendant City of Sonora.

IT IS SO ORDERED.

DATED:

February 25, 2011

/s/ OLIVER W. WANGER United States District Judge

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