Castro
Castro v. City of Hanford
Opinion
Opinion
O'Neill, J.
ORDER ON DEFENDANT COUNTY OF KINGS’ MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE MOTION FOR PARTIAL SUMMARY JUDGMENT
On February 1, 2008, defendant County of Kings filed a notice of motion for summary judgment or in the alternative, partial summary judgment pursuant to Fed. R.Civ.P. 56. On February 15, 2008, plaintiff Manuel Hernandez Castro filed his opposition to the motion. Defendant County filed its reply brief on February 25, 2008. The hearing set for March 3, 2008 was vacated and the matter was hereby submitted on the pleadings. See Local Rule 78-230(h). Having considered the moving, opposition and reply papers, as well as the Court’s file, the Court issues the following order.
FACTUAL AND PROCEDURAL BACKGROUND
This case involves plaintiffs claims for unconstitutional arrest and detention made on the basis of mistaken identity. On November 24, 2004, at approximately 6:00 p.m., Manuel Hernandez Castro went to his brother’s house located at 1387 Echo Lane in Hanford, California. When Manuel tried to enter the garage, the house alarm went off.
Officers Dale Williams and Gabriel Jimenez of the Hanford Police Department were dispatched to 1387 Echo Lane in Hanford,…