Loescher

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

LYNNE LOESCHER, No. 2:19-cv-01984-DJC-CSK

Plaintiff, v.

ORDER MACLOUD LUNTEY and DOES 1–50,

12 Defendants.

Defendant, a California Highway Patrol officer, moves for summary judgment as

to Plaintiff’s sole claim against him for violations of her civil rights under the Fourth,

Eighth, and Fourteenth Amendments stemming from her arrest for driving while

under the influence. Defendant argues that Plaintiff’s civil rights were not violated

because reasonable suspicion existed for the stop of Plaintiff’s vehicle for committing

traffic infractions and the attendant detention of Plaintiff while Defendant investigated

whether Plaintiff was driving under the influence, and that probable cause existed for

the arrest of Plaint iff for driving under the influence. Notably, Defendant points to a video of the traffic stop which he argues establishes Plaintiff was weaving in her lane and touching or crossing the double yellow line on the…