King

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRAVIS SCOTT KING, et al., Case No. 19-cv-07722-VC

Plaintiffs,

ORDER GRANTING MOTIONS FOR

v. SUMMARY JUDGMENT AND

DENYING MOTION TO SEAL

DEMICHAEL DEWS, et al., Re: Dkt. Nos. 73, 76, 86 Defendants.

The defendants’ motions for summary judgment are granted. 1. Based on the uncontroverted evidence in the summary judgment record, no Eighth Amendment violation occurred. The evidence uniformly shows that an altercation between King and the officers that began in King’s hospital room spilled into the hospital hallway. See, e.g., Schwaiger Decl., Ex. EE (hospital security video); Dkt. No. 85-1, at 252–54 (McFarland deposition); Dkt. No. 85-1, at 297–98 (Munsell deposition). After following King into the hallway, Sergeant Dews tackled him to the ground. Dkt. No. 85-1, at 195–99 (Dews deposition). While Dews used his bodyweight to try to restrain King, Officers Nee and Tran secured King in four-point restraints, an endeavor that took “a couple of minutes total.” Id. at 70–72 (Tran deposition); id. at 467 (Nee deposition); see also Dkt. No. 73-1, at 7 (Dews declaration) (handcuffs were…