Bowles
Bowles v. City of San Jose
Opinion
trial_court Opinion
1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9
10 JOHN BOWLES, Case No. 19-cv-01027-NC 11 Plaintiff,
ORDER GRANTING IN PART AND
12 v. DENYING IN PART DEFENDANTS’
MOTION FOR SUMMARY
13 CITY OF SAN JOSE, TODD AH YO, JUDGMENT WILLIAM WOLFE, and ERICK 14 ENDERLE, Re: Dkt. No. 45 15 Defendants.
16 Before the Court is Defendants the City of San Jose and its police officers Todd Ah 17 Yo, William Wolfe, and Erick Enderle’s motion for summary judgment on Plaintiff John 18 Bowles’s claim for violation of his Fourth Amendment right to be free from excessive 19 force under 42 U.S.C. § 1983. After an erratic four-mile car pursuit, Bowles stopped his 20 damaged pickup truck in the entrance to a shopping center. Believing that Bowles might 21 be pointing a weapon—which was actually a caulking gun—officer Wolfe first shot 22 Bowles. Next, believing that Bowles might begin driving the truck erratically again and 23 thereby endanger the lives of officers and members of the public, all three officers…