Richard Remington v. Joby Hoopes

Richard and Teresa Remington appeal from the district court’s 1 adverse grant of summary judgment on their 42 U.S.C. § 1983 claim. We affirm.

Sometime before 12:55 a.m. on April 3, 2010, Richard Remington called the Howell County Sheriffs Department to report a trespass at his business, Club Detox. Sergeant Joby Hoopes and Deputy Rick Fox responded around 1:00 a.m. When the deputies arrived, Teresa Remington, Richard’s wife, told them that she had confronted the club’s business manager, Eugene Horton. Teresa said that Horton was intoxicated, that he refused to leave the club, and that he had…