Portnoy

ORDER

I. INTRODUCTION

This action, which plaintiffs initiated proceeding pro se, has been referred to the undersigned pursuant to the parties’ consent to proceed before a United States Magistrate Judge. 28 U.S.C. § 636 (c)(2). Previously pending on this court’s law and motion calendar for September 24, 2009, was the motion for summary judgment filed August 10, 2009, by defendants City of Davis, Bezuglov, Munoz, and Allen. Plaintiffs have filed an opposition. Plaintiff Sergei Portnoy appeared in pro se. Defendants were represented by Susan De Nardo and Amie McTavish.

II. BACKGROUND

Plaintiffs Mr. and Mrs. Portnoy filed the amended complaint on September 18, 2008, pursuant to the Civil Rights Act, 42 U.S.C. § 1983 , alleging that defendants City of Davis and three of its named police officers violated plaintiffs’ rights to be free from unreasonable searches, as provided by the Fourth Amendment. The amended complaint avers that on the afternoon of July 19, 2007, three Davis police officers entered plaintiffs’ apartment at gunpoint and without a warrant after repeatedly knocking, grabbed, dragged and restrained Mrs. Portnoy, handcuffed and restrained Mr. Portnoy, inspected the…