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McKAY v. CITY OF HAYWARD

Case No. 12-cv-01613 NC.

949 F.Supp.2d 971 (2013)

China McKAY, and others, Plaintiffs, v. CITY OF HAYWARD, and others, Defendants.

United States District Court, N.D. California, San Francisco Division.

June 11, 2013.

Attorney(s) appearing for the Case

Matthew D. Davis, Doris Cheng, Walkup Melodia Kelly Wecht & Schoenberger, San Francisco, CA, for Plaintiffs.

Rafael Enrique Alvarado, Jr., Hayward City Attorney's Office, Hayward, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT

NATHANAEL M. COUSINS, United States Magistrate Judge.

Hayward Police Officers used a police dog to track an armed suspect who fled after robbing a Domino's Pizza at night. Nicky, a Dutch Shepherd trained to bite and hold, guided the officers to an eight-foot wall. Police Officer Loring Cox, without warning, lifted Nicky over the wall and lowered him on a thirty-three-foot leash into the...

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