Alvarado-Young et al v. State of Washington et al

Filing 72

ORDER granting in part and denying in part 54 Defendants Motion for Summary Judgment; granting dismissal of all claims except the Monell claim; signed by Judge Ronald B. Leighton.(DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ALEXANDRO ALVARADO-YOUNG
and ANGELA ALVARADO-YOUNG,

CASE NO. C15-5883RBL
ORDER

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Plaintiff,
v.

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STATE OF WASHINGTON, ET AL,
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Defendant.
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THIS MATTER is before the Court on Defendants’ Motion for Summary Judgment [Dkt.
#54]. The Court has reviewed the materials for and against this motion and based on the
following explanation hereby DENIES the motion as to all claims except the Monell claim.
Some cases are not meant to be dealt with summarily. This is one of those cases. The
Court is presented by two completely plausible stories and yet, in every way, one completely
negates the other.
Plaintiff’s story, if believed could sustain a verdict of liability on all claims except the
Monell claim. Finding facts and deciding credibility is not within the Court’s purview in a
summary judgment motion.

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ORDER - 1

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Trial is scheduled for January 16, 2018, instead of the January 8, 2018 date. Jury

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selection will start at 9:00 a.m. The parties should deliver their trial briefs, if necessary, jury

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instructions and proposed voir dire questions by January 3, 2018.

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The motion is DENIED as to all claims except for the Monell claim.

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Dated this 19th day of December, 2017.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2