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BAILEY v. COUNTY OF SAN JOAQUIN

No. Civ. S-08-543 LKK/KJM.

671 F.Supp.2d 1167 (2009)

Hayley BAILEY, a minor, Kari Bailey, an individual; Eddie Bailey, an individual, Plaintiffs, v. COUNTY OF SAN JOAQUIN, San Joaquin County Sheriff's Department; Sheriff Steve Moore, Deputy Sheriff Terry Breitmaier; and Does 1-50, inclusive, Defendants.

United States District Court, E.D. California.

November 16, 2009.

Attorney(s) appearing for the Case

Michael E. Cardoza, Cardoza Law Offices, Tiffany Kathleen O'Connor, Jacqueline Carroll Fagerlin, The Cardoza Law Offices, Walnut Creek, CA, for Plaintiffs.

Mark Emmett Berry, Mayall Hurley Knutsen Smith and Green, Stockton, CA, for Defendants.

ORDER

LAWRENCE K. KARLTON, Senior District Judge.

This case concerns a police officer's actions in approaching plaintiffs' house and firing his gun at plaintiffs' dog while it exited plaintiffs' front door. After striking the dog's paw, the bullet ricocheted and fragmented. Plaintiffs suffered injuries from being struck by the bullet fragments. Plaintiffs bring eight causes of action against three defendants. Defendants have moved for summary judgment...

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