Willis

ORDER RE: SUMMARY JUDGMENT

The Defendants in this case have made motions for summary judgment, or in the alternative, summary adjudication. Plaintiff opposes the motions.

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. A Kern County Narcotics Enforcement Team consisting of four members (Bakersfield Police Officer Joseph Mullins; Bakersfield Police Officer Silvius; Kern County Deputy Sheriff Hood; and California State Parole Officer Diane Mora) were sent to investigate. 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 entering the motel room, the officers found two individuals, Plaintiff and Kathleen Moye, inside. Also visible were a knife, a syringe, and a briefcase. The…