Timothy Nelson v. City of Davis

Timothy Nelson, a former student of the University of California at Davis (“U.C. Davis”), suffered permanent injury when he was shot in the eye by a pepperball projectile fired from the weapon of a U.C. Davis officer when U.C. Davis and City of Davis police attempted to clear an apartment complex of partying students. Officers shot pepperball projectiles in the direction of Nelson and his friends as the students stood in the breezeway of the apartment complex, attempting to leave the party and awaiting instruction from the officers. The officers did not provide any audible warning prior to shooting towards the unarmed and compliant students, and never informed the young partygoers how to appropriately extricate themselves from the apartment complex in order to avoid becoming the target of police force. Formal complaints regarding the officers’ use of force were filed with both departments on Nelson’s behalf. After the complaints failed to result in a satisfactory investigation into police conduct Nelson filed suit in district court alleging, among other things, that his Fourth Amendment rights had been violated.

The defendants moved for summary judgment. After the…