Jaramillo

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Re: Dkt. No.

Plaintiff Jose Antonio Aguilar Jaramillo alleges that three San Mateo police officers assaulted him while he was on his way to a taquería. He contends the officers struck him in the head, threw him down onto the sidewalk, and broke one of his ribs with a “knee-strike.” The officers contend that they exercised reasonable force. They approached Jaramillo after' they observed him in a “high-crime area” in a parked car with an expired registration. According to the officers, Jaramillo had his hand in his pocket and refused to comply with their order to remove his hand. Instead, he walked away from them. From their perspective, Jaramillo could have been hiding a weapon in his pocket. The officers argue that the force they used on Jaramillo was therefore reasonable to ensure safety. Jaramillo was arrested for obstructing an investigation, and later released.

Jaramillo sued the officers and the City of San Mateo, alleging that the officers exercised excessive force in violation of the Fourth, Fifth, Eighth, and Fourteenth Amendments, and various state law claims. Those officers now move…