Meas

ORDER GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY

Defendants’ motion for partial summary judgment came on for hearing before this court on January 20, 2010. Plaintiff appeared by his counsel Ben Nisenbaum, and defendants appeared by their counsel Scott Weiner. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS the motion as follows.

BACKGROUND

Plaintiff Jonathan Meas filed this action on August 26, 2008, alleging claims of constitutional violations, under 42 U.S.C. § 1983 . Defendants are the City and County of San Francisco (“CCSF” or “the City”); San Francisco Police Chief Heather Fong, in her official capacity; and San Francisco Police Officers Jesse Serna, Gary Moriyama, Eric Valentini, and Scott Korte, in their individual and official capacities.

On Friday, August 26, 2006, at approximately 2:00 a.m., plaintiff was walking with several friends from Zebra Lounge (a San Francisco nightclub, located in the 400 block of Broadway in North Beach). The sidewalks were very crowded. Plaintiff asserts that as he and his friends moved through the crowd, he stepped one foot…