Jackson v. County of San Bernardino

Proceedings: Order: (1) DENYING Defendants’ Motion for Summary Judgment (Dkt. No. 57); (2) SETTING a Final Pre-Trial Conference Date of June 27, 2016 and a Trial Date of July 12, 2016

Before the Court is Defendants’ motion for summary judgment. (Dkt. No. 57.) Af *1103 ter consideration of the papers filed in support of and in- opposition to the motion, as well as the argument presented at the June 13, 2016 hearing, the Court DENIES the motion. :

I. BACKGROUND

On October 27, 2011, several Deputy Sheriffs with the San Bernardino County Sheriffs Department arrived at the residence of Plaintiff Robert Jackson III (“Plaintiff’ or “Jackson”) in Apple Valley, California, to investigate a crime. (First Amended Complaint ¶¶ 11, 12, Dkt.' No. 35.) Jackson refused to come out of the house to speak with the deputies. (Id. ¶12.) After a several hour-long standoff, Jackson, who was hiding in the attic, removed a vent cover on the side of the house and began climbing out of it. (Id. ¶¶ 12, 13.) Jackson alleges that a Deputy Sheriff then struck him with a Taser dart while he was hanging ;out of the attic vent, which immobilized, him and caused him to fall to the ground. (Id. ¶ 13.) He…