Baca

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAVID ANTHONY BACA, Case No. 22-cv-02461-WHO

Plaintiff,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION FOR

SUMMARY JUDGMENT

JONATHAN ANDERSON, et al., Re: Dkt. No. 72 Defendants.

Defendants Jonathan Anderson, Michael Joseph Simonini, Brett Michael Weidner, and Zachary David Preuss move for summary judgment on plaintiffs’ excessive force, unlawful seizure, First Amendment retaliation, and discrimination claims stemming from plaintiff David Baca’s participation in and subsequent arrest during the May 29, 2020 protests in San Jose over the death of George Floyd. Dkt. No. 72. In opposition, Baca dropped his discrimination claim and all claims against defendant Preuss. Dkt. No. 77. Summary judgment is GRANTED to defendants on that claim and for that defendant. Summary judgment is also GRANTED for all claims asserted against defendant Simonini, who used objectively reasonable force in restraining Baca. There are material facts in…