PRIME TIME SHUTTLE INTERNATIONAL, INC. v. California Public Utilities Commission
Opinion
Opinion
Legge, J.
ORDER: DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
I. PROCEDURE
Plaintiff Prime Time Shuttle International has filed this lawsuit against the California Public Utilities Commission; Commissioners P. Gregory Conlon, Daniel W. Fessler, Jessie L. Knight, Jr., Henry Duque, and Josiah L. Neeper; and individual employees of the Commission, Wesley M. Franklin, William R. Schulte and Larry E. McNeely. Plaintiff alleges that defendants, through selective and retaliatory enforcement of Commission rules and regulations, (1) violated plaintiffs rights to due process and free speech under 42 U.S.C. § 1983 and (2) violated plaintiffs Fifth Amendment right to freedom from double jeopardy. Plaintiff seeks monetary and injunctive relief.
On December 5, 1997 this court dismissed the Commission as a defendant, but denied defendants’ motion to dismiss the individual defendants under F.R.C.P. 12(b)(6) on the grounds of qualified immunity.
Defendants then brought this motion for summary judgment, arguing that they are entitled to qualified immunity under F.R.C.P. 56. Plaintiff filed an opposition, but did not provide a factual record regarding each defendants’ involvement, as ordered by this court in…