Scott

Scott v. Garcia

Good Law

370 F. Supp. 2d 1056·2005 WL 1242309·2005 U.S. Dist. LEXIS 14056

United States District Court, Southern District of CaliforniaJanuary 4, 2005CIV. 00-1849 WQHJMACalifornia10,941 words

Opinion

Hayes, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [Doc. No. 113]

I. Procedural Background

This matter comes before the Court on Defendants’ Motion for Summary Judgment pursuant to FED.R.CIV.P. 56 [Doc. No. 113].

The Court has considered the papers filed in support of Defendants’ motion, Plaintiffs Opposition, Defendants’ Reply, as well as all relevant pleadings and documents in the Court’s file. For the following reasons, the Court GRANTS in part and DENIES in part Defendants’ Motion.

II. Procedural History

Before the Court is Plaintiff Ivan Scott’s Second Amended Complaint (“SAC”), filed pursuant to the Civil Rights Act, 42 U.S.C. § 1983 and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) [Doc. No. 72], On June 21, 2004, Defendants filed a Motion for Summary Judgment [Doc. No. 113]. Thereafter, Plaintiff filed his Opposition [Doc. No. 119], to which Defendants have Replied [Doc. No. 124], While this case was randomly referred to the Honorable Magistrate Judge Jan M. Adler pursuant to 28 U.S.C. § 636 (b)(1)(B) for disposition, the Court has determined that a Report and Recommendation regarding the disposition of…

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