Castellanos

Castellanos v. United States of America

Good Law
United States District Court, Southern District of CaliforniaFebruary 10, 20203:18-cv-02334California10,062 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA JESUS CASTELLANOS and RAQUEL Case No.: 18cv2334 JM(AGS)

CASTELLANO,

ORDER ON MOTION FOR

Plaintiffs, SUMMARY JUDGMENT v. 12 UNITED STATES OF AMERICA, et al., 13 Defendants. 14 Presently before the court is Defendants the United States of America and Michael Hedlund’s motion for summary judgment (Doc. No. 32). A hearing on the motion was held on January 13, 2020. For the reasons set forth below, the motion is denied. I. BACKGROUND This lawsuit stems from an incident that occurred at the Calexico Port of Entry (“POE”) on December 17, 2017. Upon applying for admission to the United States, Plaintiffs and their adult son, Marco, were referred to secondary inspection so that the vehicle they were traveling in could be inspected. (SAC at ¶ 17; Doc. No. 33-5, “Jesus Castellanos Dep.,” 131; Doc. No. 33-7, “Marco Castellanos Dep.,” 5.) The Plaintiffs were sent to secondary inspection because a database had indicated to the primary inspector that 25

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