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Motion for Summary Judgment Granted in Civil Rights Action

August 20th, 2008

In this case, plaintiffs allege that decedent’s Fourth and Fourteenth Amendment rights were violated when the decedent was shot by a fellow officer in the course of their duties as police officers.  Plaintiff also alleged a Monell claim against the two public entities.  On behalf of all defendants, we moved for summary judgment on the ground that the defendants were entitled to qualified immunity.  We also argued that the plaintiffs could not establish an underlying constitutional violation or that there existed any unlawful custom, practice or policy.  The motion was granted in its entirety.  

Posted in Government Liability, Summary Judgment |


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