Barnes

ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

This matter comes before the Court on Defendants Emily Hill (“Hill”) and Deputy Rick Harroun’s (“Harroun”) (collectively “Defendants”) motion for partial summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs Brigit Barnes (“Brigit”), individually and as Guardian ad Litem for minor children R.X. and M.X., and Jerry Barnes (“Jerry”) (collectively “Plaintiffs”) oppose the motion. A hearing on this motion was held before the Court on June 3, 2009. For the reasons set forth below, Defendants’ motion as to Plaintiffs’ first and second claims is GRANTED.

I. FACTS

This Court views the facts and draws inferences in the manner most favorable to Plaintiffs as the non-moving party. Plaintiffs Jerry and Brigit Barnes are the grandparents and legal guardians of minor Plaintiffs M.X. (8 year old granddaughter) and R.X. (5 year old granddaughter). Plaintiffs’ Complaint, Doc. #2, (“Compl.”) ¶ 6.

On April 22, 2006, Jerry Barnes struck M.X. with an object hard enough to leave marks/bruises on the back of M.X.’s legs after M.X. fell into a pond on the Barnes’ property. Pis’ Opp. at 1:8-14. Jerry…