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MOLINE v. CITY OF CASTLE ROCK

No. C04-5704FDB.

528 F.Supp.2d 1102 (2005)

Theodore R. MOLINE, Plaintiff, v. CITY OF CASTLE ROCK, Castle Rock Police Department; Castle Rock Fire & EMS; Robert Heuer, individually and in his capacity as police chief for City of Castle Rock; Brandon McNew, individually and in his capacity as a police officer for the Castle Rock Police Department; James Queen, individually and in his capacity as a reserve officer for Castle Rock Police Department; Eric Koreis, individually and in his capacity as chief of Castle Rock Fire & EMS; Kyle McCoy, individually and in his capacity as captain for the Castle Rock Fire & EMS, Defendants.

United States District Court, W.D. Washington. at Tacoma.

December 14, 2005.

Attorney(s) appearing for the Case

Scott Richard Robbins, Hughes Robbins, Bellevue, WA, for Plaintiff.

John Thomas Kugler, Burgess Fitter, Tacoma, WA, for Defendants.

ORDER GRANTING DEFENDANTS McNEW, QUEEN, and McCOY'S MOTION FOR SUMMARY JUDGMENT

Franklin D. BURGESS, District Judge.

INTRODUCTION

This cause of action arises out of an event on August 1, 2003 when Defendants Officers Branden McNew and James Queen responded to a 911 report of a possible assault in progress at an address in the City of Castle Rock. Plaintiff had been pushed into an approximately 8-feet deep hole, landed with his chest on a stake sticking...

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