Gomez

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [ECF No. 64]

I. INTRODUCTION

In this civil rights action alleging claims under 42 U.S.C. § 1983 and state law, Plaintiff Jose Higareda Gomez, appearing pro se, asserts that officers of the Fremont Police Department used excessive force when they (A) mistook him for another person with an outstanding felony warrant, (B) restrained him by using a police dog, which bit him on the ankle, (C) shot him with a Taser gun, and (D) thereafter arrested him for resisting arrest. See Complaint, ECF No. 75 at 3-10 (claims one, five, six, seven, eight and eleven). Plaintiff also asserts that the police officers acted because of his ethnicity in violation of 42 U.S.C. § 1981 and state law. Id. at 5-6 (claims three and four). Finally, Plaintiff asserts that the City of Fremont and the Chief of Police are liable for the officers’ actions under federal and state law based on a failure to train, a policy and practice of ignoring excessive force, and the doctrine of respondeat superior. Id. at 4, 7-9. (claims two, nine, and ten).

Defendants moved for summary judgment, arguing the following: (A) Plaintiffs only…