Whiting
Whiting v. City Of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 DEBORAH WHITING, Case No. 21-cv-05248-VKD
Plaintiff,
ORDER GRANTING DEFENDANTS’
v. MOTION FOR PARTIAL SUMMARY
JUDGMENT
CITY OF SAN JOSE, et al., Re: Dkt. No. 40 Defendants.
13 In this civil rights action filed pursuant to 42 U.S.C. § 1983, defendants City of San Jose (“City”) and Officer Jenni Byrd now move for partial summary judgment. Plaintiff Deborah Whiting opposes the motion. Upon consideration of the moving and responding papers,1 as well as the oral arguments presented at the July 12, 2022 hearing, the Court grants defendants’ motion.2 I. BACKGROUND Unless otherwise indicated, the following material facts are undisputed. On July 10, 2019, Ms. Whiting attended a Paul McCartney concert at the SAP Center in San Jose, where defendant Officer Byrd was working security. Dkt. No. 41-1 ¶¶ 2-3, Exs. A (Byrd Depo. at 61:10-14) & B (Whiting Depo. at 13:18-24). As soon as the…