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PESCHEL v. CITY OF MISSOULA

No. CV 08-79-M-JCL.

686 F.Supp.2d 1107 (2009)

Walter PESCHEL, M.D., Plaintiff, v. CITY OF MISSOULA, acting through the Missoula Police Department, Missoula City Police Chief Rusty Wickman, Assistant Chief Mark Muir, Lt. Gregg Willoughby, Sgt. Daniel Jason Huntsinger, Officer Craig Serba, and Officer Ryan Prather, Defendants.

United States District Court, D. Montana, Missoula Division.

October 15, 2009.

Attorney(s) appearing for the Case

Cynthia K. Smith, Jasper Smith Olson, David R. Paoli, Heather M. Latino, Paoli, John A. Kutzman, Latino & Kutzman, P.C., Lance P. Jasper, Jasper Smith Olson, Missoula, MT, for Plaintiff.

Jeffrey M. Roth, Natasha Prinzing Jones, Thomas J. Leonard, William L. Crowley, Boone Karlberg, P.C., Missoula, MT, Brendon J. Rohan, Poore Roth & Robinson, Butte, MT, for Defendants.

ORDER

JEREMIAH C. LYNCH, United States Magistrate Judge.

This matter is before the Court upon "Defendant City of Missoula's Motion for Summary Judgment on 42 U.S.C. § 1983 Claims" filed pursuant to Fed.R.Civ.P. 56. On August 11, 2009, the Court held a hearing on the motion. For the reasons discussed below, the Court deems it appropriate to grant the motion.

I. INTRODUCTION

This action has its genesis in the August 18, 2007 arrest...

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