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 (1) DENYING WITHOUT
v. PREJUDICE MOTION TO REVIEW
TAXATION OF COSTS AND
CITY OF SAN JOSE, a municipal public (2) GRANTING MOTION TO SEAL entity; JENNI BYRD, individually, Re: Dkt. Nos. 84, 85 Defendants.
13 I. BACKGROUND Deborah Whiting filed this civil rights action pursuant to 42 U.S.C. § 1983 against the City of San Jose (“City”) and San Jose Police Officer Jenni Byrd, asserting claims for excessive force in violation of the Fourth Amendment to the U.S. Constitution, and for violation of California Penal Code § 832.7. Dkt. No. 1. The Court granted summary judgment on all claims in favor of the City. Dkt. No. 47. The Court also granted summary judgment in favor of Officer Byrd as to Ms. Whiting’s claim under California Penal Code § 832.7. Id. Officer Byrd did not move for summary judgment…