Kettmann

Kettmann v. City Of San Jose

Good Law
United States District Court, Northern District of CaliforniaJuly 7, 20215:19-cv-07925California3,472 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 ANDREW KETTMANN, Case No. 19-cv-07925-NC Plaintiff,

v.

ORDER GRANTING

DEFENDANTS’ MOTION FOR

JOSE URIBE and MARCNELL

SUMMARY JUDGMENT

PALACIO, Re: ECF 66 Defendants.

18 In this civil rights case, Plaintiff Andrew Kettmann alleges that two San Jose Police Officers—Jose Uribe and Marcnell Palacio—used excessive force against him in a confrontation at an assisted living community. Officers Uribe and Palacio tased Kettmann twenty times and struck him with a baton several times, fracturing his leg. Kettmann claims that the Officers’ actions violated federal and state civil rights laws. Defendants move for summary judgment on both of Kettmann’s claims and on their qualified immunity affirmative defense. Having carefully considered the briefing and all admissible evidence, the Court GRANTS the Defendants’ motion. I. BACKGROUND movant, and are undisputed unless otherwise indicated. Kettmann has been diagnosed with schizophrenia…

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