Huipio

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GIOVANNI HUIPIO, Case No. 21-cv-07838-SVK

Plaintiff,

ORDER ON DEFENDANTS’ MOTION

v. FOR SUMMARY JUDGMENT

CITY OF SAN JOSE, et al., Re: Dkt. No. 46 Defendants.

On the evening of September 22, 2019, San Jose police officers responded to a call from a woman who reported that her husband, Plaintiff Giovanni Huipio, had physically attacked her near their home. The officers’ search of Plaintiff’s home ultimately led them to a locked shed in the backyard. The officers pried open the door of the shed and found Plaintiff lying on his back in a confined space with his hands up. Officer Michael Jeffrey deployed a police dog, who bit Plaintiff on the ankle. Officer Jeffrey then grabbed the police dog by the collar and dragged Plaintiff out of the shed while the dog was still biting his ankle. On August 4, 2020, Plaintiff filed a lawsuit 18 against the City of San Jose and several police officers, which Defendants subsequently removed 19…