Robinson

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

NICHOLAS ROBINSON, Case No. 19-cv-06768-NC Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS’

MOTION FOR PARTIAL

CITY OF SAN JOSE, et al., SUMMARY JUDGMENT Defendants. Re: Dkt. No. 46 15 In this excessive force case brought by Plaintiff Nicholas Robinson, Defendants the City of San Jose and its police officers Ryan Dote, Jaime Kulik, and Nicholas Petterson move for partial summary judgment on all of Robinson’s claims, except his excessive force claim against Officer Dote. The Court finds that under Robinson’s version of the disputed material facts, a reasonable jury could find that officers Petterson and Kulik violated Robinson’s Fourth Amendment right under 42 U.S.C. § 1983 to be free from excessive force and that those rights were clearly established at the time of the incident. There are too many disputed material facts about the level of Petterson and Kulik’s use of force. As such, the Court…