Richardson v. City of Antioch

ORDER DENYING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND GRANTING PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

This matter comes before the Court upon consideration of the motion for partial summary judgment filed by Defendants City of Antioch, City of Antioch Police Department, Police Chief James Hyde, Officer Santiago Martinez, Jr., Officer Jason Vanderpool, Officer Jason Joannindes, Sgt. Thomas Fuhrmann and Does 1-100, inclusive (collectively “Defendants”) and the cross motion for partial summary judgment filed by Plaintiffs Marvetia Lynn Richardson, Latoya Norman, Samonia Nelson-Calip and Lamona Nelson, as guardian ad litem for “KC,” a minor (collectively “Plaintiffs”). Having considered the parties’ pleadings, relevant legal authority, the Court HEREBY DENIES Defendants’ motion for partial summary judgment and GRANTS Plaintiffs’ cross motion for partial summary judgment.

BACKGROUND

On July 18, 2008, Plaintiffs filed their complaint alleging violations of 42 U.S.C. § 1983 against the City of Antioch, the Antioch Police Department and individual officers. Plaintiffs claim that Defendants violated their rights, specifically: (1) Fourth Amendment rights to be…