Blight
Blight v. City of Manteca
Opinion
Lead Opinion
Shubb, J.
ORDER RE: RECONSIDERATION OF MAGISTRATE JUDGE’S RULING
Plaintiff Joanne Blight brought this action against defendants the City of Mante-ca, Manteca Police Department Detectives Armando Garcia and Ian Osborn, and Manteca Police Department Sergeants Paul Carmona and Chris Mraz, alleging that defendants violated her Fourth Amendment rights when they engaged in a “SWAT style” search of her home. (Compl. ¶¶ 19, 32 (Docket No. 1).) Defendants claim that the search was authorized by a warrant issued by a state court pursuant to an affidavit they had submitted to the state court containing information provided by a confidential informant (“Cl”). Plaintiff claims that defendants misrepresented or omitted material aspects of what the Cl told them in their affidavit to the state court.
On February 10, 2017, the magistrate judge in this case issued an order (“February 10 order”) granting plaintiff’s motion to compel the deposition of the Cl on grounds that the Cl’s deposition is necessary to a “fair presentation” of plaintiff’s claim that defendants misrepresented or omitted material aspects of what the Cl told them in their affidavit to' the state court. (Feb. 10, 2017 Order at 3, 6…