Crowe

ORDER RE: SUMMARY JUDGMENT MOTIONS

INTRODUCTION

The tragic facts of this case arise out of the murder of young Stephanie Crowe in her home on the evening of January 20, 1998, and the ensuing investigation. Stephanie’s murder was investigated by members of the Escondido Police Department, including defendants Mark Wrisley, Ralph Claytor, Barry Sweeney, and Phil Anderson (collectively, “defendants”), who bring the present motions for summary judgment. The investigation of Stephanie’s death initially led to the arrest and indictment of Stephanie’s brother, Michael Crowe, and his two friends, Joshua Tread-way and Aaron Houser (collectively, “the boys”), all juveniles at the time. Prior to the boys’ trial, evidence was discovered which resulted in the District Attorney dropping the charges against the boys without prejudice. The boys and their families then brought this civil action for damages for violation of their federal constitutional rights pursuant to 42 U.S.C. § 1983 as well as for violation of state law. This court previously entered summary judgment on many of plaintiffs’ claims. See Crowe v. County of San Diego, 303 F.Supp.2d 1050 (S.D.Cal.2004). Subsequent to the entry of…