Luckert

Luckert v. Gutierrez

Good Law
United States District Court, Northern District of CaliforniaDecember 28, 20224:19-cv-08204California3,772 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL L LUCKERT, Case No. 19-cv-08204-PJH

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANTS'

MOTION FOR SUMMARY JUDGMENT

O. SMITH, et al., Re: Dkt. No. 70 Defendants.

12 Plaintiff, a former county detainee, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. He alleges that at the public library, Patrol Officer Ochoa and Deputies Smith, Gutierrez, Brule and Espiritu used excessive force in arresting him, and Gutierrez and Deputy Mendoza used excessive force while placing him in a cell at the county jail. Defendants filed a motion for summary judgment on the merits. Docket No. 70. Plaintiff filed an opposition (Docket Nos. 77, 81, 85) and defendants filed a reply (Docket No. 87). For the reasons set forth below, the motion for summary judgment is granted in part and denied in part. MOTION FOR SUMMARY JUDGMENT Legal Standard Summary judgment is proper…

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