Glazer

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. Introduction

This matter is before the Court on defendants’ Motion for Summary Judgment, filed on March 15, 2000. Defendants move for summary judgment on the ground that defendant Davidson (“Davidson”) had probable cause to arrest plaintiff and plaintiffs arrest did not violate plaintiffs Fourth Amendment rights. In addition, defendants contend that the force used during the arrest was objectively reasonable and, thus, Davidson is entitled to qualified immunity. Finally, defendants contend that plaintiff has failed to establish a Monell claim against defendant City of Long Beach (“City of Long Beach”). Plaintiff opposes this motion on the grounds that Davidson illegally entered his home without a warrant and used excessive force during his arrest. Plaintiff also asserts force used by Davidson to arrest him was sanctioned by City of Long Beach policy.

The Court deems this matter appropriate for decision without oral argument. See Fed.R.Civ.Proc. 78; Local Rule 7.11. Accordingly, the hearing set for April 10, 2000, is removed from the Court’s calendar. After considering the moving and responding papers, the Court issues the…