Sommers

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 AMANDA SOMMERS, et al., Case No. 17-cv-04469-BLF

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION FOR

SUMMARY JUDGMENT

CITY OF SANTA CLARA, et al., [Re: ECF 41] Defendants.

12 On March 9, 2017, 24-year-old Jesus Geney Montes, who was unarmed, was shot and killed by Defendant police officer Colin Stewart. Out of this tragedy comes this litigation. Plaintiffs Amanda Sommers and Richard Sommers, Mr. Geney Montes’s mother and stepfather, respectively, are suing Officer Stewart and the City of Santa Clara (“the City”) for using excessive and unreasonable force against their son, who was in the throes of a mental health breakdown, and for acting with deliberate indifference to Mr. Geney Montes’s constitutional rights. Mr. and Ms. Sommers also bring claims under California state law and accuse Defendants of discriminating against Mr. Geney Montes on the basis of a mental health…