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Marella v. City of Bakersfield

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION


August 9, 2010

LEONARD MARELLA, PLAINTIFF,
v.
CITY OF BAKERSFIELD; ET AL. DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION DATE: June 21, 2010 TIME: 10 a.m. COURTROOM: #3

The Court, having considered all documentary evidence filed in support of, in response to and reply to the defendants' motion for summary judgment and having issued its Memorandum of Decision Regarding Defendants' Motion for Summary Judgment [Dkt. No. 64] on August 26, 2010, hereby orders as follows:

1. Defendants' motion for summary judgment as to Plaintiff's section 1983 claim against Defendant Hernandez on the basis of qualified immunity is GRANTED;

2. Defendants' motion for summary judgment as to the City of Bakersfield and Bakersfield Police Department is GRANTED;

3. Defendants' motion for summary judgment as to Defendant Rector is GRANTED; and

4. Defendants' motion for summary judgment as to Defendants Park, South, Yoon, and Kauffman is DENIED.

IT IS SO ORDERED.

20100809

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