Maidhof v. Celaya, 3:11-cv-04971-LB. (2016)
Court: District Court, N.D. California
Number: infdco20160429a59
Visitors: 5
Filed: Apr. 28, 2016
Latest Update: Apr. 28, 2016
Summary: ORDER GRANTING SUMMARY JUDGMENT AND DISMISSING CLAIMS AGAINST MITCHELL CELAYA Re: ECF Nos. 72 & 85 LAUREL BEELER , Magistrate Judge . The plaintiffs filed this putative class action on behalf of 66 arrested students alleging Fourth Amendment violations during a student protest at the University of California, Berkeley on December 11, 2009. (First Am. Compl., ECF No. 14 at 2-3, 14. 1 ) The court granted in part and denied in part the defendants' motion for summary judgment, leaving only a Fi
Summary: ORDER GRANTING SUMMARY JUDGMENT AND DISMISSING CLAIMS AGAINST MITCHELL CELAYA Re: ECF Nos. 72 & 85 LAUREL BEELER , Magistrate Judge . The plaintiffs filed this putative class action on behalf of 66 arrested students alleging Fourth Amendment violations during a student protest at the University of California, Berkeley on December 11, 2009. (First Am. Compl., ECF No. 14 at 2-3, 14. 1 ) The court granted in part and denied in part the defendants' motion for summary judgment, leaving only a Fir..
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ORDER GRANTING SUMMARY JUDGMENT AND DISMISSING CLAIMS AGAINST MITCHELL CELAYA Re: ECF Nos. 72 & 85
LAUREL BEELER, Magistrate Judge.
The plaintiffs filed this putative class action on behalf of 66 arrested students alleging Fourth Amendment violations during a student protest at the University of California, Berkeley on December 11, 2009. (First Am. Compl., ECF No. 14 at 2-3, 14.1) The court granted in part and denied in part the defendants' motion for summary judgment, leaving only a First Amendment retaliation claim against University of California Police Department Chief Mitchell Celaya. (Order, ECF No. 72 at 17.) Chief Celaya filed an interlocutory appeal to the United States Court of Appeals for the Ninth Circuit, on the ground of qualified immunity. (Notice of Appeal, ECF No. 73 at 1-2.)
The Ninth Circuit reversed this court's denial of summary judgment as to Chief Celaya and remanded with instructions to dismiss the claims against him. Maidhof v. Celaya, No. 13-16800, slip op. at 9 (9th Cir. Feb. 25, 2016). The mandate issued on April 27, 2016. (See ECF No. 93.) The court therefore vacates its previous order, grants Chief Celaya's motion for summary judgment on the ground of qualified immunity, and dismisses the claims against him with prejudice.
IT IS SO ORDERED.
FootNotes
1. Citations are to the Electronic Case File ("ECF"); pin cites are to the ECF-generated page numbers at the tops of the documents.
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