Newman

BACKGROUND

In the early hours of July 27, 2022, Sheriff’s Deputy Todd Underhill attempted to pull over a black Chevy Silverado that had an expired registration and an unilluminated license plate. The Silverado’s driver—later identified as Richard Delacruz—fled, and Underhill immediately pursued. Eventually, Delacruz got out of his truck on a dead-end street and ran away on foot. Underhill followed, also on foot, stopping briefly to “clear” the Silverado before continuing the pursuit. Having lost sight of Delacruz, Underhill reported to dispatch that Delacruz had been “[l]ast seen toward the residence at 4083 Camellia Drive”—Plaintiff Michael Newman’s home. The house sits on a hill, with “drop offs” between it and adjacent properties and with fencing—which, in some places, is only waist high—around the perimeter of the backyard. 1 Underhill ran toward Plaintiff’s backyard and, not seeing Delacruz, decided to wait for backup before continuing the

1 Underhill later declared that he saw Delacruz “open a gate and go into the backyard” and heard “a noise consistent with a door opening and closing,” although Underhill mentioned those details in neither his incident report nor his…