Herrera

Herrera v. City of Fremont

Good Law
United States District Court, Northern District of CaliforniaNovember 13, 20193:18-cv-02843California10,663 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 RUDI HERRERA, Case No. 18-cv-02843-JSC

Plaintiff,

ORDER RE: DEFENDANTS’ MOTION

v. FOR SUMMARY JUDGMENT

CITY OF FREMONT, et al., Re: Dkt. No. 51 Defendants.

14 Rudi Herrera brings this civil rights action against the City of Fremont, Fremont Police Chief Richard Lucero, and several individual officers following his arrest on May 14, 2017. Plaintiff contends that officers violated his First, Fourth, and Fourteenth amendments rights as well as his rights under state law when they entered his home, detained, tased, and arrested him while responding to a domestic disturbance call. Defendants move for summary judgment. (Dkt. No. 51.) Having considered the parties’ arguments and having had the benefit of oral argument on November 7, 2019, the Court GRANTS IN PART and DENIES in part Defendants’ motion for summary judgment. Disputes of fact preclude summary judgment on Plaintiff’s excessive force claim against Officers…

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