Danielle H. Woodard v. Michael Tippett, State of California, and Does 1 through 10, inclusive
Published: Oct. 1, 2016 | Result Date: Sep. 9, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-07452-RGK-KS Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Kirt J. Hopson
(Law Office of Kirt J. Hopson)
Defendant
Gala E. Dunn
(Office of the Attorney General)
Facts
Danielle Woodard sued Michael Tippett and the State of California, involving allegations of civil rights violations.
Defendant Tippett was a California Highway Patrol Officer.
Contentions
PLAINTIFF'S CONTENTIONS:
On May 12, 2015, while plaintiff was on her way home from work, defendant Tippett, who was initially driving behind plaintiff in a marked CHP vehicle, pulled up next to plaintiff and motioned her to roll down her window. Defendant then asked plaintiff to pull over so defendant could ask her some questions. Plaintiff complied. Defendant told plaintiff that he could not see the vehicle's VIN. Thereafter, defendant put handcuffs on plaintiff and placed her in his patrol car. Then, without provocation, defendant suddenly and violently grabbed plaintiff's arms. Plaintiff was ultimately issued a citation for not having license plates on her vehicle. The whole detention took 90 minutes and, in the process, plaintiff sustained injuries as a result. In this lawsuit, plaintiff asserted causes of action for violation of her civil rights under color of state law and battery.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses.
Result
The parties filed cross-motions for summary judgment. Ultimately, the district court granted the defendants' motion, and Woodard's complaint was dismissed with prejudice.
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