Berger, et al v. Spokane County, et al

Filing 101

JUDGMENT IN A CIVIL ACTION. (LR, Case Administrator)

AO 450 (Rev. 11/11) Judgment in a Civil Action

UNITED STATES DISTRICT COURT
for th _
Eastern District of Washington
DAVID BERGER and AMBER BERGER, individually
and as Personal Representatives of the Estate; THE
ESTATE OF WILLIAM SAGE BERGER,
Plaintiff

v.
SPOKANE COUNTY, political subdivision of the State of
Washington; OZZIE KNEZOVICH, individually and in
his capacity as Sheriff of Spokane; SHAWN AUDIE and
STEVE PAYNTER; JOHN DOES 1-10;

)
)
)
)
)

Civil Action No. 2:15-CV-140-RMP

Defendant

JUDGMENT IN A CIVIL ACTION
The court has ordered that (check one):
the plaintiff (name)
defendant (name)
interest at the rate of

recover from the
the amount of
), which includes prejudgment
% per annum, along with costs.

dollars ($
%, plus post judgment interest at the rate of

the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name)
recover costs from the plaintiff (name)
.

✔ other:

Defendant's motion for summary judgment (ECF No. 24) is GRANTED IN PART and DENIED IN PART as follows:
1.) Plaintiffs' Section 1983 Fourth Amendment excessive force claims against Deputies Audie and Paynter shall proceed
to trial; 2.) Plaintiffs' negligence claims against Deputies Audie and Paynter, and respondeat superior claim against the
County, shall proceed to trial; 3.) Plaintiffs' Fourteenth Amendment due process claims are dismissed; 4.) Plaintiff's
Eighth Amendment claims are dismissed; 5.) Plaintiffs' Monell liability claims against the County and Sheriff Knezovich
are dismissed; 6.) Allclaims against Sheriff Knezovich in his personal capacity are dismissed; and 7.) Plaintiffs' claims
against all Doe Defendants are dismissed.

This action was (check one):
tried by Judge
was reached.

✔ decided by Judge

without a jury and the above decision
Rosanna Malouf Peterson

on a motion for

summary judgment (ECF No. 24).

Date: 2/13/2017

CLERK OF COURT

SEAN F. McAVOY
s/ Lennie Rasmussen
Deputy Clerk

Lennie Rasmussen