Banks

Banks v. Mortimer

Caution
United States District Court, Northern District of CaliforniaJuly 1, 20224:18-cv-07391-HSGCalifornia684 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GREGORY A BANKS, et al., Case No. 18-cv-07391-HSG

Plaintiffs, ORDER DIRECTING THE PARTIES

TO SUBMIT SUPPLEMENTAL

v. BRIEFING

MICHAEL MORTIMER, et al., Defendants.

12 On June 30, 2022, the Court held a hearing on Defendants’ Motion for Summary Judgment. See Dkt. No. 89. Defendants argue that Officer Mortimer is entitled to qualified immunity. See generally id. A court considering a claim of qualified immunity makes a two-pronged inquiry: (1) whether the plaintiff has alleged the deprivation of a constitutional right, and (2) whether such right was clearly established at the time of the deprivation. See Pearson v. Callahan, 555 U.S. 223, 232 (2009) (citing Saucier v. Katz, 535 U.S. 194, 201 (2001)). While the second prong does not “require a case directly on point, [ ] existing precedent must have placed the statutory or constitutional question beyond debate.” Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011). The…

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