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Brown v. City of Moreno Valley Police Department

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 3, 2010

WALTER BROWN JR., PLAINTIFF,
v.
CITY OF MORENO VALLEY POLICE DEPARTMENT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Otis D. Wright II United States District Judge

ORDER ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE

Pursuant to 28 U.S.C. § 636, the Court has reviewed the Second Amended Complaint, all of the records and files herein, the cross motions for summary judgment and the Magistrate Judge's Report and Recommendation. After having made a de novo determination of the portions of the Report and Recommendation to which Objections were directed, the Court concurs with and adopts the findings and conclusions of the Magistrate Judge.

Accordingly, IT IS ORDERED THAT:

1. Plaintiff's Motion for Summary Judgment is DENIED.

2. Defendants' Motion for Summary Judgment is DENIED on the grounds of qualified immunity. Defendants' Motion for Summary Judgment is GRANTED on the grounds that Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed. 2d 383 (1994), bars Plaintiff's excessive force claims.

3. Judgment shall be entered in favor of Defendants and against Plaintiff on the federal claims raised in the Second Amended Complaint.

4. Plaintiff's state law claims are DISMISSED without prejudice.

5. The Clerk shall serve copies of this Order and the Judgment herein by United States mail on Plaintiff and on counsel for Defendants.

20100303

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