Sanders

Sanders v. City of Fresno

Good Law

551 F. Supp. 2d 1149·2008 WL 918521·2008 U.S. Dist. LEXIS 27432

United States District Court, Eastern District of CaliforniaApril 3, 2008CIV F 05-0469 AWI SMSCalifornia16,842 words

Opinion

Ishii, J.

ORDER ON DEFENDANTS THE CITY OF FRESNO, JERRY DYER, RICHARD PAUL BROWN, ELOY ESCARENO, JESSE HERRING and BEAU BURGER’S MOTION FOR SUMMARY JUDGMENT

This is a wrongful death case arising from a police encounter in the home of Michael and Lavette Sanders. Michael Sanders (“Michael”) died and his widow Lavette Sanders (“Lavette” or “Plaintiff’) brought suit alleging a violation of 42 U.S.C. § 1983 and various state law causes of action. The Fresno Defendants, i.e. City of Fresno (“Fresno”), Fresno Police Chief Jerry Dyer (“Chief Dyer”), Fresno Police Officers Richard Brown (“Brown”), Eloy Escareno (“Escareno”), Jesse Herring (“Herring”), and Beau Burger (“Burger”), move for summary judgment. Defendants’s motion will be granted.

FACTUAL BACKGROUND

On August 20, 2004, Michael Sanders became “real agitated,” pulling out drawers and falsely accusing Lavette of having a boyfriend and not really being sick (La-vette has multiple sclerosis). See DUMF No. 4; Sanders Depo. at 51-52, 73. Michael Sanders was “strong” at 5'7" and 204 lbs. DUMF No. 3. When Lavette attempted to call Michael’s mother to calm him, Michael grabbed the phone and called 911. DUMF No. 5. Michael told the 911 operator…

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