Brye
Shawn Brye v. City of Stockton, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 1] Shawn Brye, No. 2:23-cv-00343-KJM-CSK Plaintiff, ORDER v. City of Stockton, et al., 1S Defendants. 16 Shawn Brye alleges officers of the Stockton Police Department arrested him for 18 trespassing without probable cause, used excessive force to arrest him, and then searched his car without a warrant, all in violation of the Fourth Amendment. The officers move for summary judgment. As explained in this order, Brye could not prove the officers used excessive force or lacked probable cause to make an arrest, and they would be entitled to qualified immunity even if he could. Finally, although the officers have not demonstrated on the record before the court that 23 they had probable cause to search Brye’s car, the law at the time was not clearly established, so 24 the officers are entitled to qualified immunity in the face of that claim as well. The court 25 therefore grants the…