Olga Zamora, Guardian ad Litem for Maria Zamora; Jose Zamora, Guardian ad Litem for Omar Zamora and Edgar Zamora v. City of Oakland, Anthony Batts, City of San Francisco, George Gascon
Published: Mar. 8, 2014 | Result Date: Aug. 12, 2013 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-02734-NC Summary Judgment – Defense
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Dennis J. Herrera
(San Francisco Public Utilities Commission)
Facts
Plaintiffs Olga and Jose Zamora sued the City of Oakland and the City and County of San Francisco based on the execution of a search warrant on their residence.
The City of Oakland and the Chief of Police of the Oakland Police Department, Anthony Batts, were dismissed from the case.
Contentions
PLAINTIFF'S CONTENTIONS:
The Zamoras alleged that in March 2011, the San Francisco Police Department used excessive force and other offenses during the execution of a search warrant on their residence. They argued that the officers committed an unreasonable seizure, false arrest, unlawful gunpoint detention, seizure of a minor, police brutality, police misconduct, brutality, violation of the Bane Act, violation of the California Civil Code, and negligence.
DEFENDANT'S CONTENTIONS:
Defendants moved for summary judgments, arguing that even based on the plaintiffs' version of the facts, the officers did not engage in use of excessive force or other misconduct.
Result
The court granted defendants' motion for summary judgment on plaintiffs' 42 U.S.C. Section 1983 claims against the City of San Francisco and the Chief of Police of the San Francisco Police Department, George Gascon. Plaintiffs' state claims were remanded to Alameda County Superior Court.
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