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Tajalle v. City of Seattle et al

Doc. 20

Case 2:07-cv-01509-TSZ

Document 20

Filed 03/07/2008

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

JUAN TAJALLE, Plaintiff, v. ORDER CITY OF SEATTLE, SEATTLE PUBLIC LIBRARY, OFFICER SAM 8 a.k.a. JOHN DOE #1, and JOHN DOE #2, Defendants. No. C07-1509Z

THIS MATTER comes before the Court on defendants' motion for partial summary judgment and dismissal. Having reviewed all papers filed in support of and in opposition to defendants' motion, the Court does hereby ORDER: (1) Defendants' motion, docket no. 11, is GRANTED IN PART and DENIED IN PART; (2) Plaintiff's Fourth Amendment claims, as alleged in his second and third causes of action, are DISMISSED without prejudice; (3) To the extent plaintiff asserts a procedural due process claim in his fourth cause of action, such claim is DISMISSED without prejudice; (4) In all other respects, defendants' motion, docket no. 11, is DENIED;

ORDER - 1
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Case 2:07-cv-01509-TSZ

Document 20

Filed 03/07/2008

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(5)

Plaintiff's related motion for a continuance pursuant to Fed. R. Civ. P. 56(f), docket no. 16, is STRICKEN as moot; and

(6) Background

The Clerk is directed to send a copy of this Order to all counsel of record.

Plaintiff brings this action against the City of Seattle, the Seattle Public Library (the "Library"), and two security officers, alleging physical injury and violation of constitutional rights resulting from his expulsion and exclusion from the downtown branch of the Library. Plaintiff has alleged seven causes of action, the first five of which are brought pursuant to 42 U.S.C.

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