Silva

Silva v. City of San Leandro

Good Law

744 F. Supp. 2d 1036·2010 WL 3834023·2010 U.S. Dist. LEXIS 103112

United States District Court, Northern District of CaliforniaSeptember 29, 2010Case C-09-03649 JCSCalifornia9,360 words

Opinion

Spero, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [Docket No. 47]

I. INTRODUCTION

This civil rights action involves allegations that officers of the City of San Leandro Police Department and the City of San Leandro violated Plaintiffs’ constitutional rights when they entered a residence occupied by Plaintiffs to perform a “welfare check” and shot and killed Plaintiff Silva’s dog. Defendants bring a Motion for Summary Judgment or, in the Alternative, Summary Adjudication (“the Motion”) seeking dismissal of all of Plaintiffs’ claims. All parties have consented to the jurisdiction of a United States magistrate judge, pursuant to 28 U.S.C. § 636 (c). The Court finds that the Motion is suitable for determination without oral argument, pursuant to Civil Local Rule 7-l(b). Accordingly, the motion hearing scheduled for October 8, 2010 at 1:30 p.m. is vacated. The case management conference set for the same time shall remain on calendar.

For the reasons stated below, Defendants’ Motion is GRANTED in part and DENIED in part.

II. BACKGROUND

A. Facts

This action arises out of events that occurred on May 24, 2009 at a residence (“the Residence”) located…

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