Shalabi

FACTS

A. FACTUAL ALLEGATIONS IN THE THIRD AMENDED

COMPLAINT

Plaintiff alleged that, on May 14, 2011, as Father drove out of a trailer park, City

of Fontana police officers conducted a traffic stop of Father and fatally shot Father in

the back of his head.

B. MOTION FOR SUMMARY JUDGMENT

In his motion for summary judgment, Officer relied heavily on his own

declaration when setting forth the facts of the case. Officer alleged that Father was

driving a stolen vehicle. City of Fontana Police Officer Freeman stopped Father as

Father was driving the stolen vehicle. Freeman parked behind Father’s stolen vehicle.

Officer joined the traffic stop, “position[ing] his marked patrol car at an approximately

45-degree angle near [Father’s] front bumper, with the overhead emergency lights

activated.” Officer began opening his door to exit his vehicle, but before the door was

fully open, Father drove his vehicle into Officer’s car, which “pushed the patrol car into

a parallel position with [Father’s] vehicle.”

Officer exited his car. Officer “believed [Father] was going to drive forward and

run him over in an attempt to escape. [Citation.] In protection of his safety and…