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12-4428 - Rivera v. Guevara et al


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12-4428 - Rivera v. Guevara et al
May 11, 2018
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MEMORANDUM Opinion and Order: For the reasons stated, genuine issues of material fact require a trial. Defendants' motions for summary judgment are granted in part and denied in part. The motions are granted only to the following extent: 1) tht motions, ECF No. 321 at 5152, as derive from that theory are dismissed. - Signed by the Honorable Joan B. Gottschall on 5/11/2018. [For further details see order] Mailed notice (np, )e § 1983 claims for fabrication and the claims under Brady against defendants Rinaldi, Weingart, Noon, Guzman, and Fallon are dismissed; 2) the § 1983 claims against defendants Sparks and Zacharias, with the exception of the due process fabrication claim based on conduct at the gang book identification, are dismissed; 3) the portion of Rivera's due process fabrication claim based on the falsified Valentin identification on September 10, 1988, is dismissed; 4) Rivera's claims premised on the use of improper identification procedures in violation of his right to due process are dismissed; 5) Rivera's claims premised on a violation of his Fifth Amendment right not to be compelled to be a witness against himself are dismissed; 6) Rivera's § 1983 conspiracy and failure to intervene claims are dismissed solely to the extent they derive from the claims dismissed in paragraphs 15; 7) the malicious prosecution and intentional infliction of emotional distress claims against all defendants except Guevara are dismissed; and 8) as discussed in Part VI. E, the Monell claim based on a failure to discipline Guevara and so much of the Monell theories articulated in plaintiff's combined response to the instan