Boyd

SUMMARY JUDGMENT (granting Docket # 49).

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Introduction

Plaintiff Cammerin Boyd filed suit on July 21, 2003, against Defendants Oakland Police Officers Sena and McQuinn, the Oakland Police Department, and the City of Oakland, regarding an alleged incident on July 23, 2002. All parties consented to this Court’s jurisdiction, as provided by 28 U.S.C. § 636 (©) and Civil Local Rule 73. Plaintiff was killed in an incident with the San Francisco Police Department on May 5, 2004. Plaintiffs counsel Marylon M. Boyd is also his mother. After Plaintiffs untimely death, Ms. Boyd was appointed administrator of his estate. Cammerin Boyd remains the named plaintiff. Before the Court is the Defendants’ motion for summary judgment. The Court finds that Plaintiff fails to offer sufficient admissible evidence to defeat summary judgment, and grants Defendants’ motion.

Factual Background

The parties have not agreed upon a set of undisputed facts. Plaintiffs Complaint alleges facts, which Defendants deny. Plaintiffs Complaint alleges that on July 23, 2002, Mr. Boyd, a twenty-nine year old African American male who was a double amputee, was legally driving his late…