Shiromi

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

GANNA WETTASINGHE SHIROMI, et Case No. 18-cv-03296-VC al.,

Plaintiffs, ORDER GRANTING MOTION FOR

SUMMARY JUDGMENT

v. Re: Dkt. No. 105

CITY OF BERKELEY,

Defendant.

Ganna Shiromi filed this civil rights action against the City of Berkeley. Her complaint alleges that two Berkeley police officers used excessive force while taking her into protective custody under California Welfare and Institutions Code § 5150. That statute authorizes a 72-hour period of mental health assessment if probable cause exists that “a person, as a result of a mental disorder, is a danger to others, or to himself or herself.” § 5150(a). According to Shiromi’s complaint, the officers’ use of force violated the Fourth Amendment, the Bane Act, and California’s tort law of battery and negligence. The City has moved for summary judgment as to each of these claims, all of which depend on the alleged exercise of excessive force. Graham v. Connor, 490 U.S. 386, 397 (1989); Cal. Civ. Code § 52.1; Cal. Penal Code § 835a. Although the City has multiple arguments, the only one that need be considered is its contention that the record,…