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MADRUGA v. COUNTY OF RIVERSIDE

No. SACV 03-445-SGL.

431 F.Supp.2d 1049 (2005)

Michael MADRUGA, Christine Madruga, and Katherine Madruga, by and through her Guardian ad litem Christine Madruga, Plaintiffs, v. COUNTY OF RIVERSIDE, Riverside County Sheriff's Department, Larry Smith, John F. Clark, and David Elden Smith, Defendants.

United States District Court, C.D. California.

November 22, 2005.

Attorney(s) appearing for the Case

Stephen E. Miller, Steven K. Beckett, Brunick McElhaney & Beckett, San Bernardino, CA, for Plaintiffs.

Arthur K. Cunningham, John M. Porter, L. Alexandra Fong, Lewis Brisbois Bisgaard & Smith, Christopher D. Lockwood, Arius Aaen, San Bernardino, CA, for Defendants.

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

LARSON, United States Magistrate Judge.

Before the Court are the parties' competing motions for summary judgment regarding the constitutional propriety of Riverside County Sheriff Deputy David Elden Smith's warrantless entry into the front courtyard of the plaintiffs' residence during the early morning hours of August 5, 2000. For the reasons set forth...

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