UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALBERT ANTHONY ARTEAGA, Case No. 19-cv-05725-JCS
Plaintiff,
ORDER DENYING MOTION FOR
v. PARTIAL SUMMARY JUDGMENT
CITY OF OAKLEY, et al., Re: Dkt. No. 45 Defendants.
I. INTRODUCTION This case arises from Plaintiff Albert Arteaga’s arrest, prosecution, and acquittal for resisting a police officer. Arteaga asserts claims for malicious prosecution and violation of his rights under the First and Fourth Amendments. With claims against other defendants having been dismissed, Defendant Daniel Buck, a police officer for the City of Oakley, is the only remaining defendant. Buck moves for summary judgment only as to Arteaga’s First Amendment retaliation claim and his malicious prosecution claim, arguing that he had probable cause to arrest Arteaga or at least is protected by qualified immunity. The Court finds the matter suitable for resolution without oral argument and VACATES the hearing set for April 16, 2021. For the reasons …