Best

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN BEST, Case No. 4:19-cv-02252-YGR

Plaintiff, ORDER DENYING DEFENDANT’S MOTION v.

FOR SUMMARY JUDGMENT

VIRGIL SMITH, Dkt. No. 96 Defendant.

Plaintiff Brian Best brings this action against defendant Virgil Smith, alleging violation of his constitutional rights under the Fourth Amendment of the United States Constitution. (Dkt. No. 50.) Now before the Court is defendant’s motion for summary judgment. (Dkt. No. 96.) The matter was fully briefed by the parties. (See also Dkt. Nos. 106 and 108.) Having carefully considered the briefing submitted, the pleadings in this action, oral argument, and for the reasons stated on the record at the July 27, 2021 hearing, the Court hereby DENIES defendant’s motion for summary judgment. The Court further DENIES defendant’s request for judicial notice as moot. Defendant moved for summary judgment on three grounds: (1) that Best’s claim is barred by statute of…