Torresl

Facts and Procedural History

In the process of responding to a loud music complaint, Madera City Police officers arrested two individuals—Erica Mejia and Everardo Torres—handcuffed them, and placed them in the back of a patrol car. After the two were in the patrol car for approximately thirty to forty-five minutes (dur- ing which time Everardo had fallen asleep), Mejia was removed from the car and her handcuffs were readjusted. At this time, Everardo awoke and started yelling and began kick- ing the back window of the patrol car. In response, Officer Noriega approached Everardo’s side of the patrol car. At least one witness saw Officer Noriega say something as she approached, which Officer Noriega described as “yelling at [Everardo] to stop or he was going to be tased.” Officer Noriega then opened the patrol car door and reached down with her right hand to her right side, where she had a Glock semiautomatic pistol in a holster in her officer belt and, immediately below, a Taser M26 stun gun in a thigh holster. TORRES v. CITY OF MADERA 4929 She unholstered a weapon, pointed the weapon’s laser1 at Everardo’s center mass, and pulled the trigger of her…