Fernandors v. District of Columbia et al

District of Columbia, dcd-1:2002-cv-02001

ORDER granting in part and denying in part {{39}} Motion for Partial Summary Judgment. Signed by Judge John D. Bates on 8/15/2005. (lcjdb1)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA MITCHELL FERNANDORS, Plaintiff, v. Civil Action No. 02-2001 (JDB) DISTRICT OF COLUMBIA, et al., Defendants. ORDER Upon consideration of defendants' motion for summary judgment, the memoranda and other materials filed by the parties and the entire record herein, and for the reasons stated in the Memorandum Opinion filed on this date, it is this 15th day of August 2005, hereby ORDERED that defendants' motion for summary judgment is GRANTED in part and DENIED in part; it is further ORDERED that defendants' motion for summary judgment on the ground that plaintiff's common law tort claims against Officers Allen, Washington, Fenton, and Howland (Counts VIII- XI) are barred by the statute of limitations is DENIED; it is further ORDERED that plaintiff's respondeat superior claim against the District of Columbia (Count XII) is dismissed, and judgment is entered in favor of the District of Columbia; it is further ORDERED that plaintiff's Fifth Amendment claims against all defendants (Counts V- VII) are dismissed, and judgment is entered in favor of defendants; it is further ORDERED that plaintiff's Fourth Amendment claim against unnamed supervisory officers (Counts II) is dismissed, and judgment is entered in favor of unnamed supervisory officers; it is further ORDERED that Officers Fenton and Howland have qualified immunity against plaintiff's Fourth Amendment claims for false arrest and lack of probable cause to conduct a search, but do not have qualified immunity on plaintiff's Fourth Amendment claim alleging the manner of the search was unreasonable, and judgment is entered accordingly; it is further ORDERED that Officers Allen and Washington do not have qualified immunity on plaintiff's Fourth Amendment claims; it is further ORDERED that plaintiff's Fourth Amendment claim against the District of Columbia (Count III) is dismissed, and judgment is entered in favor of the District of Columbia; it is further ORDERED that all claims against Officer Andres Marcucci are dismissed, and judgment is entered in favor of Officer Marcucci; and it is further ORDERED that a status conference is scheduled for September 19, 2005 at 9:00 am. /s/ John D. Bates JOHN D. BATES United States District Judge Copies to: Robert A. Jablon Spiegel & McDiarmid 1333 New Hampshire Avenue, N.W. Washington, D.C. 20036 Counsel for plaintiff Robert DeBerardinis, Jr. D.C. Corporation Counsel P.O. Box 14600 Washington, D.C. 20044-4600 Counsel for defendants