Nelson v. City of Davis

MEMORANDUM AND ORDER

Plaintiff Timothy C. Nelson (“Plaintiff’) seeks damages as result of injuries he sustained during law enforcement activities arising from a disturbance at an apartment complex in Davis, California. Defendants include the City of Davis, Davis Chief of Police James Hyde, and Davis Police Sergeant John Wilson. In addition, because University of California, Davis (“U.C. Davis” or “University”) police personnel assisted the City of Davis Police Department in quelling the disturbance, Plaintiff has sued U.C. Davis Officers Calvin Handy, Javier Barragan, and Mary Garcia. Plaintiff alleges that Defendants violated his constitutional rights by subjecting him to unreasonable seizure in violation of both the United States and California Constitutions. Plaintiff further asserts constitutional equal protection claims, as well as additional common law and statutory claims sounding under California law.

By Memorandum and Order dated September 19, 2007, this Court granted summary judgment in favor of Defendants on the basis of Plaintiffs own version of events. Plaintiff appealed that decision and the Ninth Circuit reversed, citing potentially conflicting evidence from other…