Koval v. United States

Full title: Austin Koval, Plaintiff, v. The United States of America, Defendant.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 8, 2015

CV13-02552-JAM-DAD (E.D. Cal. Jul. 8, 2015)

Opinion

Austin Koval, Plaintiff, v. The United States of America, Defendant. No. CV13-02552-JAM-DAD United States District Court, E.D. California. July 8, 2015

          ORDER

          JOHN A. MENDEZ, District Judge.

         Before the Court are Plaintiff's Motion for Partial Summary Judgment (Doc. 32) and Defendant's Motion for Summary Judgment (Doc. 38).

         A hearing on the motions was conducted on July 1, 2015.

         After the submissions of the parties and arguments on the motions, the Court rules on the motions as follows:

         IT IS ORDERED the Plaintiff's motion for partial summary judgment on the claim of false imprisonment is GRANTED;

         IT IS FURTHER ORDERED that Plaintiff's abuse of process claim is dismissed with prejudice (abandoned by Plaintiff);

         IT IS FURTHER ORDERED that Plaintiff's claim of false arrest (deemed the same claim as false imprisonment under California state law) is dismissed with prejudice;

         IT IS FURTHER ORDERED that Plaintiff's motion for partial summary judgment on the claim of malicious prosecution is denied as there are material issues of fact to be decided at trial; and

         IT IS FURTHER ORDERED that Defendant's motion for summary judgment is DENIED.