Murchison

FACTS AND PROCEEDINGS

The following facts are taken from the evidence set forth in the papers filed in connection with defendants’ summary judgment motion, except that evidence to which objections were properly made and sustained. (Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1037.) We summarize the evidence in the light most favorable to plaintiff, the party opposing summary judgment, resolving any doubts concerning the evidence in his favor. (Ibid.)

Further references to section 1983 are to title 42 of the United States Code.

2 Plaintiff’s Property Plaintiff, who was almost 66 years old at the time of this incident, lived at the end of Joint Road in Red Bluff, California.2 The maintained section of Joint Road, which was a public highway, ended where it passed plaintiff’s house. The county posted a sign reading “Road Closed” at that point, and plaintiff strung a rope across the road to prevent people from driving onto the closed portion of Joint Road. Formation of the Officers’ Operation A real estate agent and his client moved plaintiff’s rope to drive past the Road Closed sign to look for property. Plaintiff told them the road was closed. The client told the…