Sheets

I. FACTUAL AND PROCEDURAL BACKGROUND

25 The following is not a summary of undisputed facts, but a description of what a factfinder 26 could reasonably conclude based on the evidence before it. The court draws all inferences and

1 Local Rule 260(b) provides that an opposing party must reproduce the itemized views the evidence here in the light most favorable to Mr. Sheets as the nonmoving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587–88 (1986). Shortly before 3AM on December 7, 2017, Mr. Sheets and his girlfriend at the time, Lindsey Inchaurregui, were finishing up breakfast at the Denny’s in Newcastle, California. Sheets Dep. (July 22, 2021) at 18:9–22:5, ECF No. 22-1. While Ms. Inchaurregui was using the bathroom, Mr. Sheets went outside to smoke a cigarette. Id. at 24:14–17. A few minutes later, Mr. Sheets saw Deputy Lippert pull into the parking lot in his marked patrol cruiser and park about 60 feet away. Sheets Dep. (Sep. 30, 2021) at 8:11–9:20, ECF No. 22-2. Deputy Lippert recognized Mr. Sheets and knew that he had at least one outstanding arrest warrant. Lippert Decl. ¶ 3, Warner…