Berry

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 BRYANNA BERRY, Case No. 21-cv-08436-VKD

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART DEFENDANT'S

MOTION FOR PARTIAL SUMMARY

SAN JOSE POLICE OFFICER LINDSAY JUDGMENT

PARODI (4426),

Re: Dkt. No. 51 Defendant.

13 In this civil rights action filed pursuant to 42 U.S.C. § 1983, defendant San Jose Police Officer Lindsay Parodi1 moves for partial summary judgment. Plaintiff Bryanna Berry opposes the motion. Upon consideration of the moving and responding papers, as well as the oral arguments presented, the Court grants Officer Parodi’s motion for partial summary judgment in part and denies it in part.2 I. BACKGROUND This action arises out of an encounter between Ms. Berry and Officer Parodi that occurred in the very early morning hours of November 3, 2019 at a gas station in San Jose, California. According to Ms. Berry, on the night in…