Salazar

ORDER GRANTING MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS BURRESCH AND MYHRE

INTRODUCTION

In 1997, Plaintiff Rafael Salazar was the Consul General of the Republic of Guatemala in Los Angeles, California. On April 4, 1997, at approximately 1:00 p.m., Plaintiff was involved in a car accident on the Pomona Freeway. Defendant California Highway Patrol (“CHP”) Officer J. Burreseh arrived on the scene shortly after the accident. According to Burreseh, Plaintiff appeared intoxicated. Plaintiff informed Burreseh that he was consul general and entitled to immunity. After Plaintiff allegedly became unruly, Bur-resch handcuffed Plaintiff and caused him to be transported to the police station. At the station, Plaintiffs handcuffs were removed and Burreseh completed his investigation by issuing Plaintiff a citation. Plaintiff then submitted to a breath test which showed a blood alcohol level of .20%, well above the .08% level of presumed intoxication under California law. He is cur rently awaiting trial in Los Angeles Municipal Court on drunk driving charges.

PROCEDURAL HISTORY

On April 3, 1998, Plaintiff filed this civil rights action against the following defendants: the California…