Payne v. City & County of San Francisco et al
Filing
76
ORDER REGARDING REQUEST FOR PRE-SUMMARY JUDGMENT MOTION CONFERENCE. Signed by Judge Yvonne Gonzalez Rogers on 7/24/12. (Attachments: # 1 Exhibit)(fs, COURT STAFF) (Filed on 7/24/2012)
EXHIBIT A
PRE-SUMMARY JUDGMENT STATEMENT
BASIS FOR 42 U.S.C. SECTION 1983 CLAIMS AND/OR IMMUNITY
A. 42 U.S.C. SECTION 1983 CLAIMS
1. First Claim for Relief: Violation of 42 U.S.C. Section 1983 ‐ False Arrest and Imprisonment (All
Defendants).
a. Identify (i) the constitutional basis for the First Claim for Relief and (ii) the legal
authority to support the same. The alleged "Fourth Amendment right to be free from
unreasonable search and seizure" (First Amended Complaint ¶ 78) is not sufficiently
specific.
b. For each defendant, (i) identify the legal basis for that particular defendant's liability and
(ii) the legal authority to support the same.
i. Rowena T. Libang
ii. Gilbert Jue
iii. L. Castellanos
iv. G. Noda
v. S. Neu
vi. J. Tilton
vii. McConico
2. Second Claim for Relief: Violation of 42 U.S.C. Section 1983 ‐ Malicious Prosecution (All
Defendants).
a. Identify (i) the constitutional basis for the Second Claim for Relief and (ii) the legal
authority to support the same. The alleged "right to be free from malicious prosecution
in violation of the United States Constitution, including but not limited to the
Fourteenth Amendment" (First Amended Complaint ¶ 92) is not sufficiently specific.
b. For each defendant, (i) identify the legal basis for that particular defendant's liability and
(ii) the legal authority to support the same.
i. Rowena T. Libang
ii. Gilbert Jue
iii. L. Castellanos
iv. G. Noda
v. S. Neu
vi. J. Tilton
vii. McConico
3. Third Claim for Relief: Violation of 42 U.S.C. Section 1983 ‐ Abuse of State Process (All
Defendants).
a. Identify (i) the constitutional basis for the Third Claim for Relief and (ii) the legal
authority to support the same. The alleged "violation of the United States Constitution,
to including but not limited to the Fourteenth Amendment" "to intimidate, threaten,
arrest, and imprison" (First Amended Complaint ¶ 95) is not sufficiently specific.
b. For each defendant, (i) identify the legal basis for that particular defendant's liability and
(ii) the legal authority to support the same.
i. Rowena T. Libang
ii. Gilbert Jue
iii. L. Castellanos
iv. G. Noda
v. S. Neu
vi. J. Tilton
vii. McConico
B. QUALIFIED/ABSOLUTE IMMUNITY
For each defendant seeking qualified/absolute immunity:
a. Identify the nature of the immunity sought.
b. Identify the underlying act at issue and for which immunity is sought.
c. Specify the constitutional principle upon which the immunity is based and identify any legal
authority which validates said constitutional principle.
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