Weaver
Weaver v. State of California
Opinion
Opinion
Lillie, J.
Andrew D. Weaver, who sustained serious injuries as a passenger in a car pursued by police officers, appeals from summary judgment granted in favor of defendants on his complaint for state law claims of assault, battery, and negligence, and for deprivation of civil rights under color of state law, in violation of 42 United States Code section 1983 (section 1983). Weaver contends that the court erred in concluding his state law claims were barred by statutory immunities from liability and in concluding that his federal cause of action against the individual officer defendants was without merit on the grounds that it was undisputed that the seizure was reasonable under the Fourth Amendment and that defendants were immune from liability under the “qualified immunity doctrine.”
Factual and Procedural Background
A. Facts.
For the underlying facts of this incident to support and oppose the summary judgment motion below, the parties relied upon the depositions of defendants and California Highway Patrol (CHP) Officers Flores and Johnson and the deposition of Jesse Keith. Unless otherwise specified, the following facts are gleaned from the foregoing depositions.