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ORDER GRANTING PLAINTIFF’S MOTION AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON QUALIFIED IMMUNITY

INTRODUCTION

The parties filed cross-motions for summary judgment asking this Court to determine whether the individual defendant police officers are entitled to the defense of qualified immunity. The matter came on for hearing July 21, 1999. Dennis Cunningham appeared on behalf of Plaintiff. Nancy K. Delaney appeared on behalf of Defendants.

FACTUAL BACKGROUND

On October 6, 1997 there was a protest demonstration sponsored by several environmental groups entitled “Street Theater Action to Save Headwaters” in Eureka, California. The police had a verbal understanding with the protestors to keep their parade on the sidewalks. Sometime during the parade, a protestor, dressed as a clown or jester, refused police orders to return to the sidewalk from the street. The police attempted to arrest the man with the assistance of a mounted patrol. As they did so, a small group of marchers sat down in the street at the scene of the arrest.

Captain William Honsal (“Captain Hon-sal”) of the Eureka Police Department was standing in the midst of the seated group when he either stumbled…