Maria Adame v. City of Surprise

I. Factual Background

Around 1:00 a.m. on November 26, 2016, Officer Joseph Gruver responded to a report of a “suspicious” Nissan Sentra. See Adame v. Gruver, 819 F. App’x 526, 527 (9th Cir. 2020) (“Adame I”). 2 He ran the vehicle’s license plate number and learned that it was stolen. See id. Officer Gruver then put on his police car’s bright “takedown” lights and approached the vehicle. Id. at 528. Inside was Adame, whom Officer Gruver observed “leaning over to the side” in the driver’s seat, id., though it was determined that Adame was likely asleep in the parked car, see id. at 530 (Schroeder, J., dissenting); see also Adame v. City of Surprise, No. CV- 17-03200-PHX-GMS, 2019 WL 2247703, at *1 (D. Ariz. May 24, 2019), rev’d and remanded sub nom. Adame I, 819 F. App’x 526. “Officer Gruver drew his firearm, opened

1 All references to Adame herein pertain to the decedent. Any references to “Plaintiffs-Appellees” otherwise include Adame’s captioned representatives. 2 We incorporate the undisputed facts contained in Adame I for purposes of this certification order.

ADAME V. CITY OF SURPRISE

the passenger door, announced himself as a police officer, and…