Duran

Duran v. City of Porterville

Good Law
47 F. Supp. 3d 1044·2014 WL 4700259·2014 U.S. Dist. LEXIS 132874
United States District Court, Eastern District of CaliforniaSeptember 19, 2014No. 1:12-cv-1239-LJO-BAMCalifornia5,430 words

Opinion

Lead Opinion

Lawrenceneill, J.

MEMORANDUM DECISION AND ORDER RE DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Doc. 38)

I. INTRODUCTION

Plaintiff John Duran (“Plaintiff’) brings this case under 42 U.S.C. § 1983 (“§ 1983”) against Defendants City of Porterville, California (“the City”), Porter-ville Police Department Sergeant Richard Standridge (“Standridge”), Porterville Police Chief Chuck McMillian (“McMillian”), and Porterville City Manager John Lollis (“Lollis”) (collectively, “Defendants”) for allegedly violating his constitutional rights. Doc. 36, Second Amended Complaint (“SAC”), at ¶ 1. Plaintiff alleges Defendants violated his First Amendment rights, among others.

Currently before the Court is Defendants’ motion for summary judgment. Doc. 38. The Court has reviewed the papers and has determined that the matter is suitable for decision without oral argument *1047 pursuant to Local Rule 230(g). For the reasons discussed below, the Court DENIES Defendants’ motion for summary judgment.

II. BACKGROUND

A. Factual Background.

On May 31, 2012, Plaintiff planned to hold a “get out the vote” event (“the event” or “Plaintiffs event”) on June 2, 2012 at a public park (“the park”) in the City. The purpose of the…

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