Campos
Campos v. City of Merced
Opinion
Opinion
Austin, J.
ORDER REGARDING CITY OF MERCED AND MERCED POLICE OFFICER JEFFREY HORN’S MOTION FOR SUMMARY JUDGMENT
I.
DEFENDANTS CITY OF MERCED AND MERCED POLICE OFFICER JEFFREY HORN’S MOTION FOR SUMMARY JUDGMENT
A. Relevant Procedural Background
On April 6, 2007, Plaintiff Joseph Campos filed a Complaint in the Merced County Superior Court, alleging the following causes of action: (1) a violation of Title 42 of the United States Code section 1983; (2) false arrest and imprisonment; (3) interference with California civil rights; (4) intentional infliction of emotional distress; (5) negligence per se; (6) negligent infliction of emotional distress; (7) assault and battery; and (8) negligence. (See Doc. 1, Ex. A, Parts I & II.)
On December 27, 2007, Defendant City of Merced filed an Answer to the complaint. (See Doc. 1, Ex. C, Part I at 5-12.) Shortly thereafter, Defendant Merced Police Officer Jeffrey Horn filed an Answer to the Complaint. (See Doc. 1, Ex. C, Part II.)
On or about December 28, 2007, Defendants City of Merced and Officer Horn filed a Notice of Removal pursuant to Title 28 of the United States Code section 1441(b). (See Docs. 1-2.)