GANDER v. WOOD

No. Civ. 05-6229-TC.

457 F.Supp.2d 1152 (2006)

Joseph GANDER, Plaintiff, v. Officer Darrell WOOD, Officer Dori Daramer, Sergeant Vincent Wan, Police Department of City of Salem, Oregon, and the City of Salem, Oregon, Defendants.

United States District Court, D. Oregon.

October 13, 2006.


Attorney(s) appearing for the Case

Timothy B. O'Neill, O'Neill & Evans, Salem, OR, for Plaintiff.

Bruce Daniel Praet, Ferguson Praet & Sherman, Santa Ana, CA, Aaron D. Felton, City of Salem, Legal Department, Salem, OR, for Defendants.


ORDER

COFFIN, United States Magistrate Judge.

Presently before the court is defendants' motion (# 46) for summary judgment.

Standards

Summary judgment is appropriate where "there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). The initial burden is on the moving party to point out the absence of any genuine issue of material fact. Once the initial...

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