Herrera

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 RUDI HERRERA, Case No. 18-cv-02843-JSC

10 Plaintiff,

ORDER RE: DEFENDANTS’ MOTION

11 v. FOR SUMMARY JUDGMENT

12 CITY OF FREMONT, et al., Re: Dkt. No. 51 Defendants. 13

14 15 Rudi Herrera brings this civil rights action against the City of Fremont, Fremont Police 16 Chief Richard Lucero, and several individual officers following his arrest on May 14, 2017. 17 Plaintiff contends that officers violated his First, Fourth, and Fourteenth amendments rights as 18 well as his rights under state law when they entered his home, detained, tased, and arrested him 19 while responding to a domestic disturbance call. Defendants move for summary judgment.1 (Dkt. 20 No. 51.) Having considered the parties’ arguments and having had the benefit of oral argument on 21 November 7, 2019, the Court GRANTS IN PART and DENIES in part Defendants’ motion for 22 summary judgment. Disputes of fact preclude summary judgment on Plaintiff’s excessive force 23 claim against Officers…