Mondragon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MICHELLE MONDRAGON, Case No. 18-cv-01605-NC Plaintiff,

ORDER DENYING

v. DEFENDANTS’ MOTION

FOR SUMMARY JUDGMENT

CITY OF FREMONT, et al.,

Defendants. Re: ECF 139

Officers from the Fremont Police Department on a specialized task force surveilled a teenager named Rico Tiger, who was wanted for armed robbery. They orchestrated his arrest while Tiger was swimming at an apartment complex pool with three other teens. When their plan to block Tiger’s BMW in its parking space to make the arrest failed, they instead initiated a felony traffic stop. Tiger attempted to flee in the BMW and, as he drove past the officers and their unmarked vehicles, two officers shot at the BMW seven total times. They missed Tiger and instead hit 16-year-old Elena Mondragon, sitting in the passenger seat, who died of her injuries at the hospital. In this resulting excessive force and wrongful death case brought by Elena’s mother…