Phillips

MEMORANDUM AND ORDER

This matter is before the court on the City of Fairfield’s (“city”), Chief William Gresham’s (“Gresham”), and named City of Fairfield police officers’ (“officers”) motion for summary judgment or, in the alternative, summary adjudication of the issues. Marques Phillips was arrested on February 1, 2003. Plaintiffs Marques Phillips and Cynthia Phillips filed this action on February 2, 2004, alleging both federal and state law claims arising out of the February 1, 2003 arrest. On December 2, 2005, the court heard oral argument on the matter. For the reasons set forth below, defendants’ motion is GRANTED in part and DENIED in part.

BACKGROUND

On January 31, 2003, Marques Phillips (“Marques”) was stopped by Officer Steve Trojanowski, Jr. (“Trojanowski”) and another officer in the 7-11 parking lot in Fairfield, California for reckless driving. (UF ¶ 1; Dep. of Marques Phillips, attached as Ex. F to Pis.’ Opp’n to Defs.’ Mot. for Summ. J., filed Nov. 5, 2005, at 42:10-13 (“M. Phillips Dep.”)). Marques denies that he was driving recklessly or “bouncing” as the officers alleged. (UF ¶¶ 1, 3; M. Phillips Dep. at 41:24-42:5). Marques had four other people in his car.…