Ruiz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSE RUIZ, Case No. 20-cv-01089-DMR

Plaintiff, ORDER ON DEFENDANT'S MOTION v. FOR SUMMARY JUDGMENT

M. SOLOPOW, Re: Dkt. No. 57 Defendant.

This case arises out of an incident that occurred on October 3, 2017, when Plaintiff Jose Ruiz was incarcerated in Santa Rita Jail, which is in Alameda County, California. Ruiz brings a single claim under 42 U.S.C. § 1983 against Defendant Deputy Sheriff Marc Solopow. Solopow moves for summary judgment. [Docket Nos. 57 (“Mot.”), 62 (“Reply”).] Plaintiff opposes. [Docket No. 60 (“Opp.”).] The court held a hearing on July 22, 2021. For the reasons stated below, the motion is denied. I. BACKGROUND A. Factual Background The following sets forth the parties’ respective testimony about the incident underlying the claim in this case. 1. Solopow’s Testimony On October 3, 2017, Solopow was on duty in Santa Rita…