Rezentes

Bates v. Rezentes

Good Law
United States District Court, Northern District of CaliforniaApril 29, 20243:22-cv-01097California8,503 words

Opinion

Trial Court Opinion

I. FACTUAL BACKGROUND

A. Theft and Initial Pursuit On February 10, 2020, Plaintiff Talmika Bates, along with her companions, Ramiah Armstrong and Keilaysha Usher, stole perfume and other merchandise from an Ulta Beauty store. (Dkt. Nos. 46-2 Ex. B and 48-1 (“Bates Depo.”) at 80:4–82:7.) Around 11:40 a.m., the women left the store with the stolen merchandise and got into Usher’s car, a white Nissan Murano. (Id.; Dkt. No. 46-2 Ex. C-2 (“Ulta Video”).) Ten minutes later, Brentwood Police Department (“BPD”) officers were dispatched to Ulta for a reported grand theft of over $10,000 in merchandise. (Dkt. No. 48-2 (“CAD”) at 11:50:25.) Officer Matthew Head spotted the Murano at an intersection and pulled his car near the Murano’s front bumper to block it from turning. (Dkt. Nos. 46-2 Ex. D and 48-4 (“Head Depo.”) at 19:9–20:8, 34:13–22; Dkt. Nos. 46-2 Ex. E and 48-3 (“Car Cam”) at 0:47–1:00.) The Murano drove off, colliding with Ofc. Head’s car as it pulled away. (Car Cam at 0:53–57; Bates Depo. at 83:9–22; Head Depo. at 37:7–10.) At 12:03 p.m., Ofc. Head called this collision in to dispatch as a “245,” an assault on an officer with a deadly weapon. (Head Depo. at…

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