Sweiha

Sweiha v. County of Alameda

Good Law
United States District Court, Northern District of CaliforniaJanuary 28, 20213:19-cv-03098California4,653 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division ABRAAM SWEIHA, Case No. 19-cv-03098-LB

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION FOR SUMMARY

COUNTY OF ALAMEDA, et al., JUDGMENT Defendants. Re: ECF No. 60 16 INTRODUCTION Alameda County deputies responded to a 911 call after the plaintiff Abraam Sweiha — who suffers from bipolar disorder — barricaded himself in his bedridden priest’s bedroom. The police used a police dog to restrain Mr. Sweiha. Mr. Sweiha concedes that the decision to deploy the dog was reasonable, but he contends that (1) Deputy Edwards caused the dog to bite him after he surrendered, which was excessive force that violated the Fourth Amendment and 42 U.S.C. § 1983, and (2) the continued force failed to accommodate his mental-health condition, in violation of Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. §…

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