Reed
Reed v. City of Modesto
Opinion
Lead Opinion
Ishii, J.
ORDER RE: RULE 50(b) MOTION FOR JUDGMENT AS A MATTER OF LAW
I. Background
On December 30, 2010, officers of the Modesto Police Department were called to the residence of Plaintiff Brian Reed and Susan Nava. Ms. Nava informed the police operator that Plaintiff Reed was suicidal and sought help to stop him from hurting himself. Upon arrival, Defendant Ron Ziya and Officer Caeli Koehler (“Responding Officers”) saw Ms. Nava and Plaintiff Reed physically struggling inside; Plaintiff Reed had a knife. The- Responding Officers ordered the two to separate and for Ms. Nava to come towards them. Ms. Nava complied and exited the room. The Responding Officers told Plaintiff Reed to drop the knife but he did not comply. Plaintiff Reed moved his foot and Defendant Ziya shot at him multiple times, hitting him three times.
Plaintiff Reed is suing Defendant Ziya and Defendant City of Modesto, alleging Defendant used excessive force in shooting him. The jury trial began on April 28, 2015. The case was submitted to the jury on the questions of 42 U.S.C. § 1983 liability for excessive force in violation of the Fourth Amendment, negligence liability, and damages. The jury returned a verdict on May…