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DIMMIG v. PIMA COUNTY

No. CV-09-189-TUC-CKJ.

JOSHUA DIMMIG, a single man, Plaintiff, v. PIMA COUNTY, et al., Defendant.

United States District Court, D. Arizona.

March 29, 2012.

Attorney(s) appearing for the Case

Joshua Dimmig, a single man, Plaintiff, represented by Jerald Robert Wilson, Miniat & Wilson PC & Brick P Storts, III, Barton & Storts.

Pima, County of, a political subdivision of the State of Arizona, Defendant, represented by Nancy Jane Davis, Pima County Attorneys Office & Thomas E Dugal, Pima County Attorneys Office.

Clarence W Dupnik, Pima County Sheriff, Defendant, represented by Nancy Jane Davis, Pima County Attorneys Office & Thomas E Dugal, Pima County Attorneys Office.

Laura Ybarra, Pima County Sheriff Deputy, Defendant, represented by Nancy Jane Davis, Pima County Attorneys Office & Thomas E Dugal, Pima County Attorneys Office.

Scott McLeod, Pima County Sheriff Deputy, Defendant, represented by Nancy Jane Davis, Pima County Attorneys Office & Thomas E Dugal, Pima County Attorneys Office.

Steven Love, Pima County Sheriff Deputy, Defendant, represented by Nancy Jane Davis, Pima County Attorneys Office & Thomas E Dugal, Pima County Attorneys Office.

ORDER

CINDY K. JORGENSON, District Judge.

Currently pending before this Court is Defendants' Motion for Summary Judgment [Doc. 78]. A response and reply have been filed, and oral argument was held on March 5, 2012. [Docs. 79, 82, 89]. For the reasons delineated below, Defendants' motion is granted.

I. FACTUAL BACKGROUND1

On March 29, 2008, at approximately 4 a.m., the Pima County Sheriff's Department...

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