MacIas
MacIas v. County of Los Angeles
Opinion
Opinion
Rothschild, J.
Trinidad Macias appeals from the summary judgment entered against him on his complaint for violation of his civil rights. The complaint alleged that a number of deputies of the Los Angeles County Sheriff’s Department executed a search warrant at Macias’s home in an unreasonable manner. The trial court granted summary judgment on the ground that Macias failed to introduce evidence showing violation of a clearly established constitutional right. We reverse.
BACKGROUND
Approximately 5:00 a.m. on August 28, 2002, Macias was praying the rosary as he sat on the toilet in his home in Pico Rivera, California. Macias, then a 60-year-old retired college professor, has 90 percent hearing loss in both ears and was not wearing Ms hearing aid at the time. He was dressed in only a T-shirt, with no clothing below the waist.
Macias felt a rumbling sensation under his feet that felt like an earthquake, and then tMee deputies wearing combat-type clotMng burst into the batMoom with their guns drawn. Macias pointed to Ms ears to try to indicate that he was deaf.
The deputies pulled Macias off the toilet, threw him to the floor, and dragged Mm outside, striking his shoulder against the…