Gold
Gold v. California Highway Patrol
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
LIZA GOLD, Case No. 23-cv-03414-RFL
Plaintiff,
ORDER DENYING REQUEST FOR
v. LEAVE TO FILE
RECONSIDERATION MOTION
CALIFORNIA HIGHWAY PATROL, et al., Re: Dkt. No. 161 Defendants.
On May 19, 2025, Plaintiff filed a request for leave to file a motion to reconsider portions of the summary judgment order (Dkt. No. 63) in light of the Supreme Court’s recent decision in Barnes v. Felix, No. 23-1239, 2025 WL 1401083 (U.S. May 15, 2025). Specifically, Plaintiff argues that her Fourth Amendment claim against Officer Weaver and her Fourteenth Amendment claim against Officer Cho should be revived. For the reasons discussed below, Plaintiff’s request is DENIED. Fourth Amendment claim against Officer Weaver. The Supreme Court’s opinion in Barnes applies the same standard as the summary judgment order did. The Barnes Court held that, in a Fourth Amendment excessive force case, “it is . . . the officer’s choice in that moment that is under review.” 2025 WL 1401083, at *4. At the same time, the Fourth Amendment “totality of the circumstances” inquiry…