Galindo

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DORA GALINDO, et al., Case No. 3:21-cv-08133-JSC

Plaintiffs,

ORDER RE: DEFENDANTS’ MOTION

v. FOR SUMMARY

CITY OF SAN FRANCISCO, et al., Re: Dkt. No. 54, 55, 66 Defendants.

12 On October 10, 2020, San Francisco Police Officers shot and killed Cesar Vargas. Dora Galindo, Juan Antonio Vargas, and Rocio Anel Vargas, the mother, father, and sister of Mr. Vargas, sue San Francisco Police Officer Kyle Roach and Sergeant Nicholas Delgado1 and the City and County of San Francisco on behalf of themselves and as successors in interest to Mr. Vargas. Plaintiffs allege the officers violated Mr. Vargas’s constitutional rights, were negligent under state law, committed an assault against him under state law, intentionally inflicted emotional distress on Mr. Vargas, and violated his rights under California Civil Code § 52.1 (the Bane Act) by using unlawful force. Defendants move for summary judgment on all claims. FACTUAL…