Ready
Ready v. City of Mesa
Opinion
Lead Opinion
MEMORANDUM *
Based on the events arising from a traffic stop on April 1, 2000, Jason and Arline Ready sued Sergeant William Ricci and Officer Mark Garera in their individual capacities as well as the City of Mesa (collectively “Defendants”), alleging tort claims of assault, battery, negligence, in *16 tentional and negligent infliction of emotional distress, false arrest and imprisonment, abuse of process, and malicious prosecution. The Readys also filed claims under 42 U.S.C. § 1983 for inadequate training, unlawful arrest and excessive force in violation of the Fourth Amendment and the Due Process Clause of the Fourteenth Amendment. The Readys filed a motion for partial summary judgment on their claims of assault, battery and false arrest/imprisonment. The Defendants filed a cross-motion for summary judgment on all of the Readys’ claims and invoked qualified immunity with respect to the Readys’ § 1983 claims. The district court granted the Defendants’ motion for summary judgment and denied the Readys’ motion for partial summary judgment. 1 The Readys now appeal with respect to all but two of their claims. 2 We have jurisdiction under 28 U.S.C. § 1291 and affirm in part and…