Maidhof et al v. Celaya et al

Filing 95

ORDER GRANTING SUMMARY JUDGMENT AND DISMISSING CLAIMS AGAINST MITCHELL CELAYA: Re 85 Order on Ex Parte Application; Re 72 Order on Motion for Summary Judgment. Signed by Magistrate Judge Laurel Beeler on 4/28/2016. (lsS, COURT STAFF) (Filed on 4/28/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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San Francisco Division

United States District Court
Northern District of California

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CALLIE MAIDHOF, et al.,

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Case No. 3:11-cv-04971-LB

Plaintiffs,
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v.
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MITCHELL CELAYA, et al.,

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Defendants.

ORDER GRANTING SUMMARY
JUDGMENT AND DISMISSING
CLAIMS AGAINST MITCHELL
CELAYA
Re: ECF Nos. 72 & 85

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The plaintiffs filed this putative class action on behalf of 66 arrested students alleging Fourth

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Amendment violations during a student protest at the University of California, Berkeley on

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December 11, 2009. (First Am. Compl., ECF No. 14 at 2-3, 14.1) The court granted in part and

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denied in part the defendants’ motion for summary judgment, leaving only a First Amendment

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retaliation claim against University of California Police Department Chief Mitchell Celaya.

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(Order, ECF No. 72 at 17.) Chief Celaya filed an interlocutory appeal to the United States Court of

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Appeals for the Ninth Circuit, on the ground of qualified immunity. (Notice of Appeal, ECF No.

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73 at 1-2.)

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Citations are to the Electronic Case File (“ECF”); pin cites are to the ECF-generated page
numbers at the tops of the documents.
ORDER (No. 3:11-cv-04971-LB)

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The Ninth Circuit reversed this court’s denial of summary judgment as to Chief Celaya and

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remanded with instructions to dismiss the claims against him. Maidhof v. Celaya, No. 13-16800,

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slip op. at 9 (9th Cir. Feb. 25, 2016). The mandate issued on April 27, 2016. (See ECF No. 93.)

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The court therefore vacates its previous order, grants Chief Celaya’s motion for summary

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judgment on the ground of qualified immunity, and dismisses the claims against him with

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prejudice.

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IT IS SO ORDERED.

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Dated: April 28, 2016
______________________________________
LAUREL BEELER
United States Magistrate Judge

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United States District Court
Northern District of California

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ORDER (No. 3:11-cv-04971-LB)

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