Milne et al v. City of Junction City
Filing
47
ORDER: Granting Defendant's Motion for Summary Judgment 11 . This action is dismissed. Signed on 1/13/09 by U.S. District Judge Michael R. Hogan. (sln)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON KATHY MILNE and CHRISTOPHER MILNE, Plaintiffs, v. CITY OF JUNCTION CITY, a municipal corporation, Defendant. Defendant is the City of Junction City, Oregon. Plaintiff Case No. 07-6340-HO ORDER
Kathy Milne alleges a claim for violation of Section 1983 of Title 42 of the United States Code, based on the alleged deprivation of Fourth Amendment rights stemming from the entry into her home by defendant's police officers. Christopher Milne Plaintiffs
alleges a state law claim for malicious prosecution. seek damages, costs and attorney fees. for summary judgment.
Defendant filed a motion
The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is
entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). Discussion Assuming for argument that police officers violated Kathy Milne's Fourth Amendment rights, there is no evidence they did so pursuant to an official policy or custom of defendant Junction City. Defendant Junction City is immune from liability for Beason v. Harcleroad,
damages for prosecuting Christopher Milne.
805 P.2d 700, 703 (Or. App. 1991); Or. Rev. Stat. § 30.265(2). Defendant Junction City is entitled to judgment as a matter of law. Conclusion Based on the foregoing, defendant Junction City's motion for summary judgment [#11] is granted. SO ORDERED. DATED this 13th day of January, 2009. This action is dismissed.
s/ Michael R. Hogan United States District Judge
2 - ORDER
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