Goodell

Goodell v. Eoff

Good Law
73 F. App'x 235
United States Court of Appeals for the Ninth CircuitAugust 7, 2003No. 02-35671; D.C. No. CV-00-06210-COCalifornia503 words

Opinion

Lead Opinion

MEMORANDUM *

Plaintiff Angela Goodell appeals the district court’s Rule 54(b) judgment in her action alleging federal and state claims arising out of alleged abuse she experienced from her boyfriend, Michael Kay. Kay had been a police officer with the police departments of Toledo and Newport, Oregon.

The district court allowed Goodell to proceed with her 42 U.S.C. § 1988 Fourth Amendment claims against four individual Toledo police officers who were involved in challenged civil standbys. The district court granted summary judgment in favor of the city of Toledo, the city of Newport, individual Newport officers, and Kay on all claims against those defendants. It also granted summary judgment in favor of the individual Toledo officers on all claims other than the Fourth Amendment claims. We conclude that the Rule 54(b) certification was appropriate and that we have jurisdiction.

The bulk of plaintiffs claims have as their essence the contention that the police failed to enforce a restraining order and protect Goodell from Kay’s harassment. Under the Supreme Court’s decision in DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189, 196 , 109 S.Ct. 998 , 103…

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