Madruga
Madruga Ex Rel. Madruga v. County of Riverside
Opinion
Opinion
Larson, J.
ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Before the Court are the parties’ competing motions for summary judgment regarding the constitutional propriety of Riverside County Sheriff Deputy David Elden Smith’s warrantless entry into the front courtyard of the plaintiffs’ residence during the early morning hours of August 5, 2000. For the reasons set forth below, defendants’ motion for summary judgment is DENIED, and plaintiffs’ motion for summary judgment is GRANTED.
I. STANDARD FOR EVALUATING MOTIONS FOR SUMMARY JUDGMENT
Summary judgment is proper only where “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Crv. P. 56(c); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 , 106 S.Ct. 1348 , 89 L.Ed.2d 538 (1986). The moving party bears the initial burden of demonstrating the absence of a genuine issue of material fact. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 , 106 S.Ct.…