Dominguez v. Shaw et al

Plaintiff: Margaret Dominguez
Defendant: Andrew Shaw, Kreg Klein, Alfonso Flores, Johnathon Conn and City of Phoenix
Case Number: 2:2010cv01173
Filed: June 2, 2010
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Michelle H Burns
Nature of Suit: Other Civil Rights
Cause of Action: 42:1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
March 16, 2012 102 Opinion or Order of the Court ORDER dismissing this action with prejudice re stipulation 101 . Each party to bear their own costs and attorneys' fees. ORDER vacating the trial set to begin on 3/20/12. Signed by Judge Frederick J Martone on 3/16/12. (TLJ)
January 18, 2012 74 Opinion or Order of the Court ORDER DENYING the parties' joint motion to use a confidential jury questionnaire to conduct juror voir dire (doc. 73 ). Signed by Judge Frederick J Martone on 1/17/2012.(KMG)
December 16, 2011 72 Opinion or Order of the Court ORDER - GRANTING IN PART AND DENYING IN PART defendants' motion for partial summary judgment doc. 66 . IT IS ORDERED GRANTING summary judgment for defendants on S.D.'s false imprisonment claim in count two. IT IS ORDERED GRANTING summary j udgment for defendants on S.D.'s assault, battery, and negligence claims in counts one and three up to the point that S.D. was handcuffed. IT IS ORDERED DENYING summary judgment to defendants on S.D.'s assault, battery, and negligence claim s in count one and three with respect to force allegedly inflicted on S.D. after he was handcuffed. IT IS ORDERED DENYING summary judgment to defendants on Margaret Dominguez's negligence claim in count three. IT IS ORDERED GRANTING summary jud gment to defendants on Margaret Dominguez's claims that Officers Klein and Shaw acted in concert pursuant to A.R.S. § 12-2506(D)(1). IT IS ORDERED GRANTING summary judgment to defendants on S.D.'s claims that Officer Flores acted in concert pursuant to A.R.S. § 12-2506(D)(1). IT IS ORDERED DENYING summary judgment to defendants on S.D.'s claims that Officers Denny and Conn acted in concert pursuant to A.R.S. § 12-2506(D)(1). Signed by Judge Frederick J Martone on 12/15/2011. (NOTE: See PDF for full details)(KMG)
September 30, 2011 65 Opinion or Order of the Court ORDER granting in part and denying in part 28 Motion for Partial Summary Judgment. IT IS ORDERED GRANTING summary judgment for defendants Shaw and Klein on count four of the amended complaint. IT IS ORDERED GRANTING summary judgment for defendan ts on plaintiff S.D.'s § 1983 false imprisonment claim in count four. IT IS ORDERED GRANTING summary judgment for defendants on plaintiff S.D.'s excessive force claim in count four, to the extent that he alleges excessive force up to the time he was handcuffed. IT IS ORDERED DENYING summary judgment for defendants on plaintiff S.D.'s § 1983 excessive force claim in count four with respect to force allegedly inflicted on S.D. after he was handcuffed. (See document for details). Signed by Judge Frederick J Martone on 9/30/11.(LAD)
August 12, 2011 52 Opinion or Order of the Court ORDER DENYING defendants' motion to compel (doc. 40). Signed by Judge Frederick J Martone on 8/12/2011.(KMG)
March 15, 2011 16 Opinion or Order of the Court ORDER granting in part and denying in part Defendants' motion to Dismiss. Doc. 9) FURTHER ORDERED, dismissing Count Three of Plaintiff's complaint. Dismissing Count Four of Plaintiff's complaint, to the extent that count attempts to s tate a claim for willful or wanton negligence. Count Four will remain a claim for negligence. Dismissing Plaintiff's claims that the Defendants are jointly and severally liable with respect to Count Four. Dismissing without prejudice Plaintiff M argaret Dominguez's intentional tort claims against officers Flores, Conn and Denny, and dismissing without prejudice Plaintiff Samuel Dominguez's claims against officers Klein and Shaw. FURTHER ORDERED, dismissing the portions of Count Fiv e pertaining to substantive due process and freedom from summary punishment. Dismissing without prejudice the portions of Count Five pertaining to the City's policies, hiring and training and supervising, disciplinary practices. FURTHER ORDERED, permitting Plaintiffs to amend their complaint to reflect the changes above. FURTHER ORDERED, directing the Clerk to reassign this case. Signed by Judge Mary H Murguia on 3/14/11. (KMG)

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Plaintiff: Margaret Dominguez
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Defendant: Andrew Shaw
Represented By: Lori V Berke
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Defendant: Kreg Klein
Represented By: Lori V Berke
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Defendant: Alfonso Flores
Represented By: Lori V Berke
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Defendant: Johnathon Conn
Represented By: Lori V Berke
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Defendant: City of Phoenix
Represented By: Lori V Berke
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