62 F.Supp.3d 1169
United States District Court,
S.D. California.
The ESTATE OF Anastacio HERNANDEZ–
ROJAS, by its personal representative
Daisy HERNANDEZ, et al., Plaintiffs,
v.
UNITED STATES of America, Defendant.
Civil No. 11cv522 L(DHB).
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Signed Sept. 29, 2014.
Conclusion
Based on the foregoing discussion, defendants' motions for summary judgment on the issue of qualified immunity are DENIED as follows:
1. Re: Plaintiffs' First Amendment Retaliation claim, the motion is DENIED as to all individual defendants;
2. Re: Plaintiffs' Fourth Amendment Excessive Force claim is DENIED as to the Ducoing, Krasielwicz, Piligrino, Narainesingh, Llewellyn, Vales, Boutwell, and Sauer;
3. Re: Plaintiffs' Right of Association claim, the motion is DENIED as to Ducoing, Krasielwicz, Piligrino, Narainesingh, Llewellyn, Vales, Boutwell, and Sauer; *1189 and the Supervisory defendants, Avila, Caliri, and DeJesus.
4. The Supervisory defendants' motion for summary judgment on the claim of failure to supervise and to intervene is DENIED.
It is further Ordered that the parties shall jointly contact the chambers of Magistrate Judge Bartick within three days of the filing of this Order to schedule a mandatory settlement conference.
IT IS SO ORDERED.