Thomas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANTHONY THOMAS, Case No. 18-cv-07484-JD

Plaintiff,

ORDER RE SUMMARY JUDGMENT

v. 9 Re: Dkt. No. 63 CITY OF CONCORD, et al., Defendants.

This order resolves defendants’ motion for summary judgment and/or partial summary judgment. Dkt. No. 63. The parties’ familiarity with the record is assumed. DISCUSSION I. EXCESSIVE FORCE CLAIM The Court previously rejected defendants’ main summary judgment argument that the “key cell phone video” clearly shows that Officer Savage “acted reasonably in trying to lawfully arrest Plaintiff.” Dkt. No. 72. To the Court’s eye, the video “did not capture the salient events in sufficient detail to conclude that there are no genuine disputes of fact about the reasonableness of Officer Savage’s conduct as he arrested plaintiff.” Id. (citing Graham v. Connor, 490 U.S. 386, 396 (1989)). It is true that plaintiff Thomas does not dispute the lawfulness of the arrest itself. See Dkt. No. 65…