Gomez
Gomez v. City of Vacaville
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
10 11 No. 2:18-cv-2698-KJM-KJN CARLOS M. GOMEZ, SR.,
Plaintiff,
ORDER
v. CITY OF VACAVILLE, et al., Defendants. 17 In this civil rights case arising out of an altercation between City of Vacaville police officer William Boehm (“Boehm”) and plaintiff Carlos M. Gomez (“Gomez”), defendants move for summary judgment, or, in the alternative, for partial summary judgment on all claims. For the reasons stated below, defendants’ motion for summary judgment is DENIED. I. BACKGROUND A. Undisputed Facts The court has compared the parties’ statements of fact and reviewed the available dashboard camera footage, Ex. 1 (“Dash. Cam.”), body camera footage, Ex. 3 (“Moore’s Body Cam.”); Ex. 7 (“Bellamy Body Cam.”), and dispatch recordings, Ex. 2 (“Dispatch Recordings”), provided by plaintiff and lodged with the court in DVD format, ECF No. 29 (Notice of Lodging). Based on this review of the record, the court finds the following facts are undisputed, except where noted. On…