Felarca et al v. Birgeneau et al

Filing 517

ORDER: AMENDMENT TO JANUARY 27, 2016 ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 2/24/16. (fs, COURT STAFF) (Filed on 2/24/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YVETTE FELARCA, ET AL.,

Case No. 11-cv-05719-YGR

Plaintiffs,
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v.
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ROBERT J. BIRGENEAU, ET AL.,

AMENDMENT TO JANUARY 27, 2016 ORDER
GRANTING IN PART AND DENYING
IN PART MOTIONS FOR SUMMARY
JUDGMENT

Defendants.
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United States District Court
Northern District of California

The Court hereby AMENDS its January 27, 2016 Order Granting In Part And Denying In
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Part Motions For Summary Judgment (Dkt. No. 512) to reflect that the Cross-Motion of the
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Alameda County Sheriff’s Office Defendants (Dkt. No. 434) is DENIED as to the direct excessive
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force claim by Plaintiff Joshua Anderson against Defendant Buckhout for the same reasons the
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motion was denied on the excessive force claims against Defendants Obichere, Armijo and Garcia.
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While the order indicated that Plaintiffs Third Amended Complaint alleged a direct claim
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by Joshua Anderson against Buckhout (Dkt. No. 512 at 17:15), recounted the evidence of
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excessive force submitted in opposition by Joshua Anderson against him (id. at 19:11-14), and
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stated that summary judgment on the direct excessive force claims was denied with exceptions
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only as to Defendants Decoulode, Wilson, Buschheuter, and Rodrigues (id. at 29:24-28), the Order
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neglected to specify in the introduction and conclusion that the summary judgment motion was
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denied as to the direct excessive force claim by Plaintiff Joshua Anderson against Defendant
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Buckhout.
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IT IS SO ORDERED.
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Dated: February 24, 2016
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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT