Booke
Booke v. County of Fresno
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…