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Kerby v. Sheridan

United States District Court, D. Oregon, Portland Division

February 20, 2015

RANDELL KERBY and CHERYL KERBY, in her individual capacity and on behalf of her minor children, J.R.K. (1) and J.R.K. (2) Plaintiffs,
v.
RHIANA SHERIDAN, in her individual and official Capacity; JOHN TRUMBO, in his individual and Official capacity; UMATILLA COUNTY, and Oregon Municipality; JANELLE HINES, in her individual and official capacity; GAY DAVIS, in her individual and official capacity; HEALTHER SUING-HORNING, in her individual and official capacity; and KATHRYN HANSEN, in her individual and official capacity, Defendants.

ORDER

MICHAEL W. MOSMAN, District Judge.

I hereby DENY Plaintiff's Motion for Partial Summary Judgment against Defendant Gay Davis [168]. Plaintiffs have not shown that there is no genuine issue of material fact as to whether the executive action taken by Ms. Davis was unwarranted. See Crowe v. Cnty. of San Diego, 608 F.3d 406, 441 & n.23 (9th Cir. 2010). For similar reasons, I DENY summary judgment as to the question of Ms. Davis's qualified immunity. An explanatory opinion and order will follow. IT IS SO ORDERED.


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