Edwards
Edwards v. Bay Area Rapid Transit (BART)
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TAMIRE EDWARDS, Case No. 20-cv-07113-JSC
Plaintiff,
ORDER RE: PLAINTIFF’S MOTION
v. FOR SUMMARY JUDGMENT
BAY AREA RAPID TRANSIT (BART), et Re: Dkt. No. 44 al., 11 Defendants.
12 Tamire Edwards brings this Section 1983 action against Bay Area Rapid Transit (BART), BART Police Sergeant Spears, and BART Police Officer Yip. Plaintiff alleges that the officers used excessive force when restraining him following an incident on a BART train on October 27, 2019. Plaintiff’s motion for summary judgment is now pending before the Court. (Dkt. No. 44.) After carefully considering the parties’ briefs and the relevant legal authority, the Court concludes that oral argument is unnecessary, see Civ. L.R. 7-1(b), VACATES the November 18, 2021 hearing, and DENIES Plaintiff’s motion for summary judgment. Plaintiff has failed to demonstrate that he is entitled to judgment as a matter of law. In evaluating an excessive force claim, courts must…