Oxborrow

Oxborrow v. City of Coalinga

Good Law

559 F. Supp. 2d 1072·2008 WL 2237033·2008 U.S. Dist. LEXIS 42624

United States District Court, Eastern District of CaliforniaMay 29, 20081:07-cv-00237California6,122 words

Opinion

Wanger, J.

MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Doe. 17)

1.INTRODUCTION

This matter comes before the court on Defendants’ City of Coalinga (“City”), Chief Patricia Medina (“Chief Medina”), Officer Michael Tingley (“Tingley”), CPL. Chris Simmons (“Simmons”) motion for summary judgment to adjudicate Plaintiff Dustin Oxborrow’s (“Oxborrow”) § 1983 claims under the Fourth and Fourteenth Amendment for unlawful use of force and right to be free from unreasonable searches and seizures. Oral argument was heard on May 5, 2008.

2.PROCEDURAL BACKGROUND

Plaintiff filed his complaint on February 13, 2007. (Doc. 1, Complaint) On March 31, 2008, Defendants filed a motion for summary judgment. (Doc. 17, Motion for Summary Judgment) Plaintiff opposed the motion on April 21, 2008. (Doc. 20, Opposition) Defendants filed their reply on April 28, 2008. (Doc. 23, Reply)

3.FACTUAL BACKGROUND

A. Undisputed Facts

On January 1, 2006, shortly after midnight, Dustin Oxborrow and Russ Bridges went to Outlaws Bar in Coalinga, California. (DSUF 1) While at Outlaws Bar both Mr. Oxborrow and Mr. Bridges drank alcoholic beverages. (DSUF 2) After being there a short time they…

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