Facts

On June 11, 2016, the Clovis Police Department was involved in a standoff with an intruder at plaintiffs David and Gretchen Jessen's home.

PLAINTIFFS' CONTENTIONS: Plaintiffs claimed the police caused extensive damage to their home by their use of tear gas, flash bombs, and other alleged excessive tactics, to expel an unarmed homeless man that was hiding in plaintiffs' closet. Plaintiffs claimed the police department sent a SWAT team, 55 law enforcement vehicles, two helicopters, a K-9 unit and a fire truck. Plaintiffs claimed defendants conducted a military assault on their property as training exercise.

Plaintiffs contended that the police violated their Fourth, Fifth and Fourteenth amendment rights, state law negligence, violated that defendants' actions constituted a violation of the California Constitution.

DEFENDANTS' CONTENTIONS: Defendants denied all allegations and asserted various affirmative defenses. Defense claimed a man broke into plaintiffs' home and the police were called. Defendants claimed that after learning that there were guns in the house, a long standoff occurred. The standoff ended when police introduced chemical agents that forced the suspect out of the house. The Jessens brought suit against County of Fresno, and City of Clovis in relation to the procedures used by the Clovis Police Dept.

Result

The court granted defendants' motion for summary judgment finding that plaintiffs failed to establish a triable issue to any of their theories of liability.