Fuller

MEMORANDUM *

Donald Claython Fuller, Jr. (“Fuller”) appeals the district court’s grant of summary judgment for Defendants County of Orange, the Orange County Sheriffs De *678 partment, former Orange County Sheriff Michael Carona, Orange County Sheriffs Deputies Streeter, Drootin, and Feely, and Sergeant Acuna (“Defendants”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand for further proceedings.

Fuller brought this action under 42 U.S.C. § 1988 and California law, asserting Orange County Sheriffs Deputies used excessive force against him during his booking and incarceration, in violation of his First and Fourth Amendment rights. The district court granted the Defendants’ motion for summary judgment, holding there was no triable issue of fact that the deputies’ use of force was objectively reasonable.

We “review de novo a grant of summary judgment and must determine whether, viewing the evidence in the light most favorable to the nonmoving party, there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law.” Goodstein v. Cont'l Cas. Co., 509 F.3d 1042 , 1049 n. 6…