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Beecham v. City of West Sacramento

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 15, 2008

KARENE BEECHAM, INDIVIDUALLY, AND KARENA CRANKSON, INDIVIDUALLY PLAINTIFF,
v.
CITY OF WEST SACRAMENTO, A PUBLIC ENTITY, POLICE OFFICER TWARDOSZ, POLICE OFFICER GEOFFREY ALBERT, POLICE OFFICER STEVE GODDEN, POLICE OFFICER ED HENSLEY, AND DOES 4 THROUGH 10, JOINTLY AND SEVERALLY, DEFENDANTS.

The opinion of the court was delivered by: Hon. John A. Mendez

ORDER GRANTING PLAINTIFFS' MOTION TO CERTIFY DEFENDANT TWARDOSZ'S APPEAL AS FRIVOLOUS AND DENYING DEFENDANTS' MOTION FOR STAY

Date: December 3, 2008

Time: 9:00 am

Place: Courtroom #6, 14th Floor, USDC

THIS COURT, having considered Plaintiffs' Motion to Certify Defendant Twardosz's Appeal as Frivolous, and Defendants' Motion to Stay Proceedings, having read the parties' briefs and documents filed in connection therewith, being familiar with the court record in this case, and having heard oral argument on this matter,

FURTHER, accepting Defendants' stipulation at the hearing on these matters to dismiss Defendant Twardosz's pending interlocutory appeal of this Court's denial of qualified immunity for Plaintiff Beecham's Fourth Amendment claims for use of excessive force and false arrest, with the understanding that Defendant Twardosz may reassert the qualified immunity defense at trial,

IT IS HEREBY ORDERED THAT Plaintiffs' motion to certify Defendant Twardosz's pending interlocutory appeal of this Court's denial of qualified immunity for Plaintiff Crankson's Fourth Amendment claims for use of excessive force and false arrest as frivolous (Doc. No. 91), pursuant to Chuman v. Wright, 960 F.2d 104 (9th Cir. 1992), is GRANTED, for the reasons stated on the record.

IT IS FURTHER ORDERED THAT Defendants' motion to stay proceedings (Doc. No. 111) is DENIED, for the reasons stated on the record.

JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE

20081215

© 1992-2008 VersusLaw Inc.



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