Silva

I. BACKGROUND

1 The Parties do not dispute the following facts. On July 9, 2022, Defendant McColloch was 2 performing training exercises with his K-9 officer at the Santa Clara Youth Soccer Park. See Dkt. 3 56-3 (“McColloch Tr.”) at 13:11-15, 65:10-19, 68:17-24, 73:4-74:15. At some point during the 4 training session, Plaintiff and her dog entered the park. See id. at 87:22-88:16; Dkt. 56-2 (“Silva 5 Tr.”) at 53:9-17. Defendant McColloch noticed Plaintiff as soon as she entered the park and 6 immediately yelled at her to leave. See McColloch Tr. at 89:19-23, 94:22-95:7; Silva Tr. at 60:21- 7 61:8, 65:25-66:8. Before Plaintiff could comply, the K-9 officer charged at her and her dog. See 8 McColloch Tr. at 90:2-6, 94:22-95:10; Silva Tr. at 61:4-20, 62:14-22, 63:20-64:5. The K-9 officer 9 had self-deployed—Defendant McColloch had not commanded it to pursue or attack Plaintiff or 10 her dog. See McColloch Tr. at 89:19-90:6, 94:22-95:10; Silva Tr. at 62:23-25, 78:3-5, 92:10- 11 94:19. Defendant McColloch attempted to follow his K-9 officer, but as soon as he took a step, he 12 slipped, broke his toe and fractured his foot. See McColloch Tr. at 96:4-12; Hr’g Tr. at…