Zupan

ORDER GRANTING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DENYING IT IN PART

Defendants move for summary judgment. Plaintiff opposes. The matter was heard on December 5, 1997. Having considered all of the papers filed by the parties and oral argument on the motion, and for the reasons stated below, the Court grants the motion in part and denies it in part.

BACKGROUND

The Court described the facts of this case in detail in its Order of December 16, 1996, granting in part and denying in part Defendants’ motion to dismiss. Order of December 16, 1996 at 1 through 5. Only the facts relevant to today’s order will be included here. The claims that remain in the case are as follows: (1) Mr. Zupan’s equal protection claim against Defendants Charles Brown, Michael Robinson, Ronald Chun, Dennis Yen, Eddie Ylst and Marisela Montes; (2) his unlawful arrest claim against Defendants Brown and Yen; and (3) his unlawful search claim against Defendants Brown and Robinson.

Defendants move for summary judgment, arguing that Mr. Zupan’s claims regarding his arrest and search are not cognizable pursuant to Heck v. Humphrey, 512 U.S. 477 , 114 S.Ct. 2364 , 129 L.Ed.2d 383 (1994), because,…