Bailey

ORDER

This case concerns a police officer’s actions in approaching plaintiffs’ house and firing his gun at plaintiffs’ dog while it exited plaintiffs’ front door. After striking the dog’s paw, the bullet ricocheted and fragmented. Plaintiffs suffered injuries from being struck by the bullet fragments. Plaintiffs bring eight causes of action against three defendants. Defendants have moved for summary judgment on all claims. For the reasons stated below, defendants’ motion is granted in part.

I. BACKGROUND

Defendants County of San Joaquin (“County”), Sheriff Steve Moore (“Moore”), and Deputy Sheriff Terry Breitmaier (“Breitmaier”) moved for summary judgment.

Defendant Breitmaier was assigned to the County’s code enforcement team (“SAFE team”) for deployment on May 1, 2007. Breitmaier had previously served in the SAFE team two or three times. Sergeant William Mitchell (“Mitchell”) was assigned to supervise the SAFE team unit. A citizen had complained about a trailer home, possible transients and possible drug use. The complaint was directed at 2624 Munford Avenue, but for some unknown reason, the SAFE team was directed to plaintiffs’ residence, 2706 Munford Avenue. The County did…