Willis

Willis v. Mullins

Good Law
809 F. Supp. 2d 1227·2011 WL 3586171·2011 U.S. Dist. LEXIS 90906
United States District Court, Eastern District of CaliforniaAugust 16, 2011CIV-F-04-6542 AWI GSACalifornia7,639 words

Opinion

Opinion

Ishii, J.

ORDER RE: SUMMARY ADJUDICATION AND RECONSIDERATION

Defendants have made three motions for summary adjudication. Plaintiff has made a motion for reconsideration. All motions deal with related matters. The motion for reconsideration is denied and the motions for summary adjudication are granted in part and denied in part.

I. History

Gary Willis (“Plaintiff’) was a registered occupant of the E-Z 8 Motel in Bakersfield, CA on March 27, 1996. Police received reports of heavy traffic from that room and were informed it was registered under Plaintiffs name. The Defendants are four law enforcement officers form different departments who were sent to investigate: Bakersfield Police Officer Joseph Mullins, Bakersfield Police Officer Silvius, Kern County Deputy Sheriff Hood, and California State Parole Officer Diane Mora. Defendant Mullins consulted a list of parolees generated by the California Department of Corrections and distributed to local police departments on a roughly monthly basis (“Parole Roster”). He presented the Parole Roster to Defendant Mora; she confirmed the Parole Roster indicated that Plaintiff was on parole and subject to search. After announcing their presence and…

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