Bowles

Bowles v. City of San Jose

Good Law
United States District Court, Northern District of CaliforniaJune 16, 20205:19-cv-01027California5,623 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN BOWLES, Case No. 19-cv-01027-NC Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION FOR SUMMARY

CITY OF SAN JOSE, TODD AH YO, JUDGMENT WILLIAM WOLFE, and ERICK ENDERLE, Re: Dkt. No. 45 Defendants.

Before the Court is Defendants the City of San Jose and its police officers Todd Ah Yo, William Wolfe, and Erick Enderle’s motion for summary judgment on Plaintiff John Bowles’s claim for violation of his Fourth Amendment right to be free from excessive force under 42 U.S.C. § 1983. After an erratic four-mile car pursuit, Bowles stopped his damaged pickup truck in the entrance to a shopping center. Believing that Bowles might be pointing a weapon—which was actually a caulking gun—officer Wolfe first shot Bowles. Next, believing that Bowles might begin driving the truck erratically again and thereby endanger the lives of officers and members of the public, all three officers…

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