Burns

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

On April 1, 2007, plaintiff Douglas Burns had the misfortune of suffering a diabetic emergency in a very public setting. Several police officers apparently mistook his confused and erratic behavior for symptoms of intoxication and, ultimately, five officers wrestled him forcibly to the ground. Before the struggle ended with Burns bleeding and in handcuffs, the officers deployed pepper spray, nunchakus and a steel baton. The officers cited Burns for battery of a police officer and resisting arrest. An emergency medical technician who arrived at the scene to address any burns or irritation from the spray verified that Burns was in fact suffering from diabetic shock and administered treatment. This lawsuit arises out of that incident and seeks redress for the injuries Burns sustained. He advances several claims for relief against the officers in their individual capacities, as well as against Redwood City (the “City”) and the Redwood City Police Department (the “Department”). The municipal defendants and individual police officers Jamie Mateo, David Gough and Ramiro Perez move for…