Booke

Booke v. County of Fresno

Good Law
98 F. Supp. 3d 1103·2015 WL 1529448·2015 U.S. Dist. LEXIS 43830
United States District Court, Eastern District of CaliforniaApril 2, 2015Case No. 1:13-CV-586 AWI SABCalifornia14,625 words

Opinion

Lead Opinion

Ishii, J.

ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

This case stems from a fatal confrontation between decedent Charles Salinas (“'Salinas”) and members of the City of Sanger Police Department (“SPD”) — Defendants Jason Boust (“Boust”), Preston Little (“Little”), Robert Pulkownik (“Pulkownik”), and Angela Yambupah (“Yambupah”). Plaintiff alleges claims under 42 U.S.C. § 1983 and California state law against these officers, as well as against SPD Chief Rodriguez (“Chief Rodriguez”) and the City of Sanger (“the City”). Defendants now move for summary judgment on all claims alleged against them. For the reasons that follow, Defendants’ motion will be granted in part and denied in part.

SUMMARY JUDGMENT FRAMEWORK

Summary judgment is proper when! it is demonstrated that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56; Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 , 90 S.Ct. 1598 , 26 L.Ed.2d 142 (1970); Fortyune v. American Multi-Cinema, Inc., 364 F.3d 1075, 1080 (9th Cir.2004). The party seeking summary judgment bears the initial burden of informing the court of the basis for its motion and…

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