MONTEILH

ORDER GRANTING SUMMARY JUDGMENT TO CITY DEFENDANTS ON FOURTEENTH AMENDMENT DEPRIVATION OF RIGHTS OF FAMILIAL ASSOCIATION CLAIM AND DENYING SUMMARY JUDGMENT ON FOURTH AMENDMENT WARRANTLESS ENTRY CLAIM [27]

I. Introduction

On October 29, 2010, Ricky Monteilh (“Plaintiff’) filed this suit against the County of Los Angeles, Evelyn Gonzalez, Edyth Redmond, Maricruz Trevino, the City of West Covina, and Does (collectively, “Defendants”). Plaintiffs claims arise from the Defendants’ alleged removal of his child, J.M., from Plaintiffs home. On April 6, 2011, the First Amended Complaint (“FAC”) was filed, substituting Officers Michelle Figueroa and Jeff Mosley as Defendants for unnamed Does. The FAC alleges a deprivation of the rights of familial association under 42 U.S.C. § 1983 in violation of the Fourteenth Amendment, as well as warrantless entry into Plaintiffs home in violation of the Fourth Amendment. Only defendants Figueroa, Mosley, and the City of West Covina (collectively, “the City Defendants”) have moved for summary judgment.

A. Facts

The facts are undisputed except where noted. Plaintiff is the legal father, but not the biological father, of minor J.M., a male born in…