Villegas

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

While responding to a report of a suspected drug dealer with a shotgun outside an apartment complex, officers of the Anaheim Police Department encountered an individual later identified as Bernie Cervantes Villegas at the complex holding a long-barrel gun. After Mr. Villegas refused repeated commands to drop his weapon and then lifted the gun off the ground, Officer Nick Bennallack fired five rounds at Mr. Villegas, striking and killing him. Mr. Villegas’s family 1 filed this action under 42 U.S.C. § 1983 , asserting excessive force in violation of the Fourth Amendment and related state law claims. Defendants, the City of Anaheim and the Anaheim Police Department (together, “APD”), former APD Police Chief John Welter, and APD Officer Nick Bennallack (collectively, “Defendants”), filed the instant motion for summary judgment. (Dkt. No. 18 [“Defs.’ MSJ”].) The Court finds that, in light of the information known to the officers and the totality of the circumstances surrounding the rapidly developing incident at the apartment complex, the use of deadly force against Mr. Villegas was objectively reasonable. Defendants’ motion is…