MACEACHERN

MACEACHERN v. City of Manhattan Beach

Good Law
623 F. Supp. 2d 1092·2009 WL 1591586·2009 U.S. Dist. LEXIS 73835
United States District Court, Central District of CaliforniaJune 8, 2009Case SACV 08-0523 DOC (RNBx)California9,377 words

Opinion

Opinion

Carter, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Before the Court is Defendants City of Manhattan Beach (“City”), Manhattan Beach Police Department (“MBPD”), and Officer Kristopher Thompson’s (“Thomp son”) Motion for Summary Judgment pursuant to Fed.R.Civ.P. 56 (the “Motion”). After considering the moving, opposing, and replying papers, as well as the parties’ oral argument, the Court hereby GRANTS the Motion.

I. BACKGROUND

The Court presents the parties’ version of the facts separately in order to highlight any disputes.

a. Defendants’ Version of the Facts

At approximately 7:15 p.m. on May 10, 2007, Manhattan Beach Police Officer Kristopher Thompson received a radio call informing him that a man had just threatened a woman with a knife at the Chevron Gas Station in Manhattan Beach near the intersection of Rosecrans and Sepulveda. Officer Thompson is a K-9 officer, and on that day, his canine partner was a male Dutch Shepard named Kraft. After hearing the call, Officer Thompson spoke to the dispatcher to clarify that the woman had actually seen a knife. The dispatcher confirmed that the woman had seen the suspect with a knife. The dispatcher also gave Thompson a…

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