Peschel v. City of Missoula ex rel. Missoula Police Department

ORDER

JEREMIAH C. LYNCH, United States Magistrate Judge.

This matter is before the Court upon Defendants Rusty Wickman, Mark Muir, and Gregg Willoughby’s Fed.R.Civ.P. 56 motion seeking summary judgment upon the claims advanced against them under 42 U.S.C. § 1983. For the reasons discussed *1095below, the Court deems it appropriate to grant the motion.

I. INTRODUCTION

This action has its genesis in the August 18, 2007 arrest of Plaintiff Walter Peschel by officers of the City of Missoula, Montana Police Department. Peschel was charged with, and prosecuted for, the misdemeanor offense of obstructing a…