Atienza

Atienza v. Town of Danville

Good Law
United States District Court, Northern District of CaliforniaAugust 4, 20213:19-cv-03440California4,569 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 JEANNIE ATIENZA, et al., Case No. 19-cv-03440-RS Plaintiffs, 11 v. ORDER DENYING MOTION FOR SUMMARY JUDGMENT ANDREW HALL, et al., 13 Defendants.

I. INTRODUCTION On November 3, 2018, Contra Costa County Sheriff’s Deputy Andrew Hall shot and killed Laudemer Arboleda. Plaintiff Jeannie Atienza, Arboleda’s mother, alleges Officer Hall’s use of deadly force violated her son’s Fourth and her Fourteenth Amendment rights as well as several state statutes. Officer Hall now moves for summary judgment contending he applied reasonable force and that he is immune from suit. For the reasons set forth below, the motion is denied. II. BACKGROUND At approximately 11:00 a.m. on Saturday, November 3, 2018, a Danville resident contacted police dispatch to report that a suspicious person, described as an Asian male about 28 years old and 5’7”, rang the doorbells of a…

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