Summary
determining that officer's slapping a plaintiff "once on the butt constitutes a de minimis bodily intrusion and therefore must be deemed constitutionally reasonable"
Summary of this case from Rankin v. Suisun Police Dep'tOpinion
CASE NO. C07-1790-RSM.
October 31, 2008
ORDER GRANTING MOTION TO DISMISS DEFENDANTS ROBERSON AND NORTON
The Court, having reviewed the amended civil rights complaint, the motion to dismiss of defendants Roberson and Norton, the Report and Recommendation of the Honorable James P. Donohue, United States Magistrate Judge, and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Defendants' motion to dismiss (Dkt. No. 27) is GRANTED.
(3) Plaintiff's amended complaint and this action are DISMISSED with prejudice as to defendants E. Roberson and D. Norton.
(4) The Clerk is directed to send copies of this Order to plaintiff, to counsel for defendants, and to the Honorable James P. Donohue.