LOHARSINGH
LOHARSINGH v. City and County of San Francisco
Opinion
Opinion
Spero, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [Docket No. 52]
I. INTRODUCTION
This civil rights action involves allegations that officers of the San Francisco Police Department (“SFPD”) violated Plaintiffs constitutional right to be free from unreasonable seizure and excessive force. Defendants bring a motion for partial summary judgment (“the Motion”). All parties have consented to the jurisdiction of a United States magistrate judge, pursuant to 28 U.S.C. § 636 (c). On Friday, February 26, a hearing on the Motion was held. For the reasons stated below, Defendants’ Motion is GRANTED in part and DENIED in part.
II. BACKGROUND
A. Facts
1. Events Leading up to Encounter Between Plaintiff and SFPD Officers
a. Malehki and Jemahl Loharsingh’s Accounts
According to Plaintiff Malehki Loharsingh, on September 22, 2007, he and Erica Spinks, his girlfriend and business partner, as well as Jemahl Loharsingh, his nephew, were passing out flyers in Oakland and Berkeley to promote the release of an upcoming album produced by Plaintiffs production and entertainment company. Plaintiffs Opposition to Defendants’ Motion for Partial Summary Judgment…