McArthur

McArthur v. City & County of San Francisco

Good Law
190 F. Supp. 3d 895·2016 WL 3136907·2016 U.S. Dist. LEXIS 73485
United States District Court, Northern District of CaliforniaJune 6, 2016No. C 15-02164 WHACalifornia4,991 words

Opinion

Lead Opinion

Alsup, J.

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

INTRODUCTION

In this Section 1983 action, defendants move for summary judgment. For the reasons discussed below, the motion is Granted in Part and Denied in Part.

STATEMENT .

The undisputed facts, viewed in a light most favorable to- plaintiffs, are as follows. On March 8, 2015, plaintiffs filmed a music video on a playground at the corner of Harbor Street and Northridge Street in San Francisco. Plaintiff Arthur Stern, a musician, had hired plaintiff Brian McAr-thur to film the music video. Plaintiffs Joseph McGowan and Dante Andry, both rap artists, also performed in the music video. A group of other men joined the filming as extras. The men interacted in a friendly fashion. In total, about 15 men were involved in filming the scene.

■ At about 5:15 pm, Officers Christopher Leong and Paul Wilgus, both in plainclothes, observed the group. Officer Leong recognized two of the men to be gang affiliates'. He spoke to one of the men and learned that the group was filming a rap video. Based on his experience, Officer Leong believed that performers often display firearms and gang signs during the…

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