KEANE v. McMULLEN
ROBERT CARL PATRICK KEANE, individually; and CHIEKO STRANGE, individually, Plaintiffs,
SETH M. McMULLEN, PAUL ACCORNERO, and JOHN SILVA, Defendants.
Case No. C 07-4894 SBA.
United States District Court, N.D. California, Oakland Division.
August 13, 2012.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Dkt. 160
SAUNDRA BROWN ARMSTRONG, District Judge.
Plaintiffs Robert Carl Patrick Keane ("Keane") and his girlfriend, Chieko Strange ("Strange"), bring the instant Bivens1 and civil rights action under 42 U.S.C. § 1983 against Seth McMullen ("McMullen"), a Special Agent ("SA") with the United States Drug Enforcement Agency ("DEA"), and City of Petaluma Police Officers John Silva ("Silva") and Paul Accornero ("Accornero"). Plaintiffs allege that their constitutional rights were violated when Defendants raided their home in Mill Valley, California, on December 19, 2006, under the erroneous belief that they were involved in marijuana trafficking or distribution. Plaintiffs previously reached a settlement with Accornero, leaving McMullen and Silva as the only remaining Defendants.
The parties are presently before the Court on Defendants McMullen and Silva's motion for summary judgment. Dkt. 160. Having read and considered the papers filed in connection with this matter and being fully informed, the Court hereby GRANTS the motion with respect to Plaintiffs' claim for judicial deception against Silva, and DENIES the motion in all other respects. The Court, in its discretion, finds this matter suitable for resolution without oral argument. See Fed. R. Civ. P. 78(b); N.D. Cal. Civ. L.R. 7-1(b).
A. FACTUAL SUMMARY
1. Discovery of Package Containing Marijuana