Minter et al v. City of San Pablo et al

Filing 121

THIRD PRETRIAL ORDER by Magistrate Judge Jacqueline Scott Corley granting in part and denying in part 113 Motion for Partial Summary Judgment.(jsclc1S, COURT STAFF) (Filed on 4/4/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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AHMIK HOPKINS MINTER ARI, et al.,

Case No. 12-cv-02905-JSC

Plaintiffs,
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v.
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MARK EDWARD GALIOS,
Defendant.

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THIRD PRETRIAL ORDER; ORDER
GRANTING IN PART AND DENYING
IN PART DEFENDANT'S
SUPPLEMENTAL MOTION FOR
SUMMARY JUDGMENT

United States District Court
Northern District of California

Re: Dkt. No. 113
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Following the final pretrial conference held on April 3, 2014, the Court orders as follows:

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Plaintiffs shall notify Defendant by Tuesday, April 8, 2014 as to whether Plaintiffs will be

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seeking economic damages. Also, in the event Akinlabi Minter’s incarceration history becomes

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relevant and admissible, Plaintiffs shall confer with Defendant in advance of trial regarding a

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stipulation about that history.

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Plaintiffs shall also notify Defendant by Friday, April 11, 2014 at noon as to which
witnesses Plaintiffs intend to call during the first two days of trial.
Finally, Defendant’s supplemental motion for partial summary judgment is GRANTED in

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part and DENIED in part. Because the Court concludes and Plaintiffs do not dispute that the

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“purpose to harm” standard applies to their Fourteenth Amendment claim, see Porter v. Osborn,

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546 F.3d 1131, 1137 (9th Cir. 2008), the Court GRANTS Defendant’s motion on the issue of the

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applicable standard. The motion is otherwise denied without prejudice since a reasonable jury

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could find, based on the previous summary judgment record, that Defendant shot Minter with a

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purpose to harm unrelated to a legitimate law-enforcement objective. See A.D. v. Cal. Highway

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Patrol, 712 F.3d 446 (9th Cir. 2013).

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IT IS SO ORDERED.
Dated: April 4, 2014
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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