Gomez

Gomez v. Fachko

Good Law
United States District Court, Northern District of CaliforniaApril 30, 20215:19-cv-05266California8,362 words

Opinion

Trial Court Opinion

I. BACKGROUND

1 A. Factual Background 2 This case arises from a police shooting in the twilight hours of October 21, 2017. Because 3 Defendants move for summary judgment against Plaintiff Omar Gomez, the Court must recount 4 the following facts in the light most favorable to Gomez. See Orn v. City of Tacoma, 949 F.3d 5 1167, 1171 (9th Cir. 2020) (at summary judgment on qualified immunity, requiring the Court to 6 credit plaintiff’s version of events unless it is “blatantly contradicted by the record”). 7 At about 1:15 a.m. on October 21, 2017, Santa Clara police officer Jordan Fachko learned 8 that the Sunnyvale Department of Public Safety was reporting a stolen Honda Civic. Fachko Decl. 9 ¶ 3, ECF No. 50-1. About 30 minutes later, Officer Fachko heard another Santa Clara police 10 officer, Officer Anthony Pianto, alert police communications that Officer Pianto was tailing a 11 Honda Civic with a license plate matching that of the stolen vehicle. Id. ¶ 5. Officer Fachko did 12 not know, however, whether the occupants of the Honda (1) had a criminal history; (2) were under 13 the influence of drugs or alcohol; (3) had weapons in the Honda; or (4) had committed a crime 14…

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