Phillipe Dell Fargo v. City of San Juan Bautista

Officer Richard Allerton of the City of San Juan Bautista Police Department shot Phillipe Fargo in the back while attempting to handcuff him. At the time Fargo was unarmed and lying on the ground motionless, on his stomach. Fargo sued Allerton under 42 U.S.C. § 1983 , claiming a violation of his fourteenth amendment rights. He also sued the Police Chief, as well as the City of San Juan Bautista Police Department and the City of San Juan Bautista. The district court granted defendants’ motion for summary judgment on all claims. We reverse the district court’s grant of summary judgment on the fourteenth amendment claim against Allerton, and affirm summary judgment on the rest.

I. FACTS AND PROCEEDINGS BELOW

When Officer Allerton responded to the scene of a shooting, witnesses described the suspects and the vehicle in which they had fled. After the officer left, he was advised, by radio, of a nearby traffic accident involving a vehicle that fit the description. Defendant Hurlbut, the Chief of the San Juan Bautista Police Department, gave Allerton permission to go to the accident site. When he arrived, a witness to the accident pointed out Fargo as the driver of the vehicle…