Warren

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This case arises out of the December 21, 2011 shooting of Plaintiff Alexander Warren by Richmond Police Officer George Marcus. Plaintiff, who survived the shooting, filed a civil rights action under 42 U.S.C. § 1983 against Defendant Marcus in his personal and official capacities asserting various constitutional violations and related state law statutory and tort claims. Before the court is Defendant’s motion for summary judgment. [Docket No. 41.] The court conducted a hearing on January 22, 2015 at which the parties were represented by counsel. For the following reasons, Defendant’s motion is granted in part and denied in part.

I. Background

On December 21, 2011, the Richmond Police Department (“RPD”) received a call regarding “second hand reports” of “a man with a gun” at the Extended Stay Inn on Garrity Way in Richmond, California. A few seconds later dispatch reported that the suspect was an “ex guest that was kicked off the property,” and described the suspect as a “BM [black male], teens” with an “unk[nown] name.” Police officers were immediately dispatched to the scene. Several minutes…