Bien

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

6 CASE: 1:20-cv-01159-AWI-BAM JOHN BIEN,

Plaintiff, ORDER DENYING DEFENDANTS’

MOTION FOR SUMMARY JUDGMENT

v.

CITY OF FRESNO and DOES 1-10, i nclusive, (Doc. No. 33) Defendants.

15 Plaintiff John Bien filed this action on August 18, 2020 alleging claims against the City of Fresno and unspecified City of Fresno employees in connection with Plaintiff’s arrest outside his residence on December 1, 2019. Doc. No. 1. On March 18, 2021, Plaintiff filed a First Amended Complaint (“FAC”), naming Fresno Police Officer Brad Oliver as a defendant.1 Doc. No. 19. Defendants answered the FAC (which is the operative pleading in this action) on July 12, 2021, Doc. No. 30, and now bring a motion for summary judgment. Doc. No. 33. For the reasons that follow, Defendants’ motion for summary judgment will be denied in its entirety. BACKGROUND A. Summary of Relevant Evidence The evidence adduced by the parties in conjunction with this motion comprises: (i) a putative video…