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Shepherd v. Crawford

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 3, 2009

MARGARET A. SHEPHERD, PLAINTIFF,
v.
OFFICER GARRETT CRAWFORD, OFFICER D. GRIEPP, OFFICER DAVID ANGAROLE, OFFICER T. MUSTARO, OFFICER JOSEPH PIMENTAL, OFFICER SCOPESI, OFFICER YAIR OAXACA, DOE OFFICER ONE, DOE OR, OFFICER TWO, DOE OFFICER THREE, DOE OFFICER FOUR, CITY OF MODESTO, THE COPPER RHINO, LLC, LESLIE R. KNOLL, GRIFFIN ALLEN DYE, AND DOES 5-20, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Oliver W. Wanger

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS CITY OF MODESTO, OFFICERS GARRETT CRAWFORD, DOUGLAS GRIEPP, DAVID ANGAROLE, TODD MUSTO, JOSEPH PIMENTAL, TONY SCOPESI AND YAIR OAXACA'S MOTION FOR SUMMARY JUDGMENT IN THE ALTERNATIVE, SUMMARY ADJUDICATION DATE: March 23, 2009 TIME: 10:00 am DEPT: Courtroom 3, 7th Floor

DEFENDANTS CITY OF MODESTO, OFFICERS GARRETT CRAWFORD, DOUGLAS GRIEPP, DAVID ANGAROLE, TODD MUSTO, JOSEPH PIMENTAL, TONY SCOPESI AND YAIR OAXACA'S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION came on regularly for hearing before this Court on March 23, 2009 at 10:00 a.m., in Courtroom 3 of the United States District Court, the Honorable Oliver W. Wanger presiding. James F. DeMartini appeared on behalf of Plaintiff. Kevin E. Gilbert appeared on behalf of Defendants.

HAVING CONSIDERED the papers and arguments submitted by counsel, and good cause appearing, the Court issued its Memorandum Decision Re: Defendants' Motion for Summary Judgment on March 30, 2009, granting in part and denying in part said Motion. Pursuant thereto, the Court hereby Orders as follows:

1. The Motion for Summary Judgment filed by all Defendants as to the False Arrest Claim as well as the Motion for Summary Judgment filed by Defendants Angarole and Musto are moot in light of the respective dismissals filed by Plaintiff on March 24, 2009. (See Dockets 39 and 40.)

2. The Motion for Summary Judgment is GRANTED as to all claims against Officers Pimental, Scopesi and Oaxaca;

3. The Motion for Summary Judgment is DENIED as to Plaintiff's section 1983 claim against the City of Modesto; and

4. The Motion for Summary Judgment is DENIED as to the section 1983 excessive force claims against Sergeant Crawford and Officer Griepp.

IT IS SO ORDERED.

Honorable Oliver W. Wanger

Dated: April 2, 2009

20090403

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