Roque

DECISION AND ORDER

This matter arises from plaintiff’s “Motion To Alter or Vacate Judgment” and came on regularly for hearing on July 17, 1978. Plaintiff’s counsel submitted the matter on the pleadings; defendants’ counsel appeared but did not orally argue the matter. After considering the motion, the parties’ respective points and authorities, all other pleadings on file in this case, and all applicable principles of law, the Court, being fully advised in the premises, hereby denies the plaintiff’s motion to alter or vacate judgment.

I. BACKGROUND

. This is an action in which the plaintiff, Tommy A. Roque, alleges that on August 2, 1977, several officers in the Police Department of the City of Redlands deprived him of certain of his constitutional rights. Plaintiff Roque alleges specifically that the officers arrested him without a warrant or probable cause, Complaint ¶ VI, seized, battered, and assaulted him without cause, id. ¶ VII, and shoved, struck, and hit him without cause, id. ¶ VIII. Plaintiff bases this action on 42 U.S.C. § 1983 , id. ¶¶ I-VIII, and also makes a claim under the fourteenth amendment, id. ¶ XI. In addition to suing the five individual officers…