Ramon Cortesluna v. Manuel Leon, individually, Robert Kensic, individually, Daniel Rivas-Villegas, individually, City of Union City, California
Published: Feb. 15, 2019 | Result Date: Dec. 21, 2018 | Filing Date: Sep. 1, 2017 |Case number: 3:17-cv-05133-JSC Summary Judgment – Defense
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Robert G. Howie Jr.
(Howie & Smith LLP)
Audrey Anne Smith
(Howie & Smith LLP)
Defendant
Kevin P. Allen
(Allen, Glaessner, Hazelwood & Werth LLP)
Dale L. Allen Jr.
(Allen, Glaessner, Hazelwood & Werth LLP)
Facts
Ramon Cortesluna filed a civil rights suit against Union City and three Union City police officers in relation to an incident at his home.
Contentions
PLAINTIFF'S CONTENTIONS: Cortesluna contended that police officers entered his home and shot him. Cortesluna contended that English was not his first language and he was confused by the officers' orders to put his hands up. Cortesluna sued alleging the officers used excessive force.
DEFENDANTS' CONTENTIONS: Defendants contended that the received a 911 call from a little girl stating that her mother's boyfriend was going to hurt them and that he had a chainsaw. The officers contended they entered Cortesluna's home and tried to subdue him but they believed he was reaching for a knife so they shot him with a less lethal shotgun.
Result
The court granted summary judgment in defendants' favor.
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