Mack

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CARLA MACK and FLOYD MACK, No. 2:16-cv-02504-TLN-DMC Plaintiffs, v. ORDER TOWN OF PARADISE; TOWN OF

PARADISE POLICE DEPARTMENT;

and SERGEANT ROBERT PICKERING, Defendants. 17 This matter is before the Court on Defendants Town of Paradise (“the Town”), Town of Paradise Police Department (“the Police Department”),1 and Sergeant Robert Pickering’s (“Sergeant Pickering”) (collectively, “Defendants”) Motion for Summary Judgment, or in the alternative, Partial Summary Judgment. (ECF No. 15.) Plaintiffs Carla Mack (“Mrs. Mack”) and Floyd Mack (“Mr. Mack”) (collectively, “Plaintiffs”) filed an opposition. (ECF No. 19.) Defendants filed a reply. (ECF No. 21.) For the reasons set forth below, Defendants’ Motion for Summary Judgment is GRANTED in part and DENIED in part.

In a footnote, Defendants state, “[The Town] asks the Court and counsel to note that [the 26 Police Department] is not an independent legal entity and has no standing…