Sheehan v. City and County of San Francisco et al

Filing 108

ORDER by Judge Charles R. Breyer granting in part and denying in part 93 Motion for Summary Judgment. (crblc1, COURT STAFF) (Filed on 4/20/2016)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11

TERESA SHEEHAN,

12

Plaintiff,

13
14
15

18
19
20
21
22
23
24

ORDER GRANTING IN PART AND
DENYING IN PART DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT

v.
CITY AND COUNTY OF SAN
FRANCISCO, ET AL.,
Defendants.

16
17

No. C 09-03889 CRB

/

Now before the Court is Defendants’ motion for summary judgment on all of Plaintiff
Teresa Sheehan’s remaining claims following remand from the United States Supreme Court
(dkt. 93). As the Court indicated at the motion hearing on April 19, 2016, the motion is
GRANTED in part and DENIED in part. It is GRANTED as to the negligence claim, the
assault and battery claim, and the intentional infliction of emotional distress claim, and it is
DENIED as to the Americans with Disabilities Act (ADA) claim and the Bane Act claim.
Trial will commence on the ADA claim1 and the Bane Act claim on August 22, 2016.
IT IS SO ORDERED.

25
26

Dated: April 20, 2016

CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

27
28

1

Litigation of the ADA claim will include the threshold issue of whether Plaintiff fits within
Title II’s “direct threat” exception, 28 C.F.R. § 35.139.
G:\CRBALL\2009\3889\order re 2nd MSJ.wpd