(PC) Hepner v. County of Tulare

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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10 ROGER HEPNER, Case No. 1:18-cv-00774-NODJ-EPG-PC

11 Plaintiff, FINDINGS AND RECOMMENDATION TO

GRANT COUNTY DEFENDANTS’

12 v. MOTION FOR SUMMARY JUDGMENT

13 COUNTY OF TULARE, et al., (ECF No. 124)

14 Defendants. OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

15 16 Roger Hepner (“Plaintiff”), represented by counsel, is proceeding in this civil rights 17 action filed pursuant to 42 U.S.C. § 1983. Before the Court is the motion for summary judgment 18 filed by the County of Tulare and the Tulare County Sheriff (“County Defendants”). (ECF No. 19 124.) For the reasons described below, the undersigned recommends that the motion for 20 summary judgment be granted. 21 I. BACKGROUND 22 This action is proceeding on Plaintiff’s Second Amended Complaint (“SAC”) for the 23 following claims: (1) assault; (2) battery; (3) intentional infliction of emotional distress; (4) 24 violation of civil rights under 42 U.S.C. § 1983; (5) Monell liability; (6) violation of California 25 Civil Code…