Sean Moore v. City and County of San Francisco

Good Law
United States District Court, Northern District of CaliforniaDecember 10, 20203:18-cv-00634California4,695 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 7 LOYCE AMOS MOORE, et al., Case No. 18-cv-00634-SI

Plaintiffs,

ORDER RE CROSS MOTIONS FOR

v. SUMMARY JUDGMENT

CITY AND COUNTY OF SAN FRANCISCO, et al., 12 Defendants. 13 On October 30, 2020, the parties filed cross motions for summary judgment. Dkt. Nos. 94 (Defs’ Mtn.) and 99 (Pltfs’ Mtn.). Defendants filed a motion for summary judgment on all nine1 of plaintiffs’ claims. Dkt. No. 94 at 112 (Defs Mtn). Plaintiffs3 brought a partial motion for summary adjudication of two discrete issues: (1) that the defendant officers were not in legal performance of

19 1 The 9 causes of action are: (1) 4th Amendment Violation – Unlawful Search and Seizure (no probable cause to arrest) 20 (2) 4th Amendment Violation – Excessive Force (pepper spray, baton, shooting) (3) §1983 – Violation of First Amendment (Questioning Police Action – Retaliation) 21 (4) Monell Violation (5) Violation of California Code §52.1 22 (6) Negligence (7) ADA Violation 23 (8) Assault (9) Battery

2For…

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