Rubalcava
Rubalcava v. City Of San Jose
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 LIONEL RUBALCAVA, Case No. 20-cv-04191-BLF
Plaintiff,
ORDER GRANTING PLAINTIFF’S
v. MOTION TO CERTIFY
DEFENDANTS’ QUALIFIED
JOSEPH PEREZ, STEVEN SPILLMAN, IMMUNITY APPEAL AS FRIVOLOUS and TOPUI FONUA, [Re: ECF 306] Defendants.
14 Before the Court is Plaintiff’s Motion to Certify Defendants’ Qualified Immunity Appeal as Frivolous. See Pl.’s Mot., ECF 306. The motion is fully briefed, and the Court finds it to be suitable for decision without oral argument. See Civ. L.R. 7-1(b). The motion is GRANTED for the reasons discussed below. I. BACKGROUND Plaintiff’s Conviction, Release, and Filing of this Suit The facts of this case are well-known to the parties and need not be repeated in full here. In brief, Plaintiff claims that law enforcement officers’ fabrication of evidence and other misconduct caused him to be wrongfully…