Facts

The plaintiff was present during an altercation between two groups of individuals outside a bar. A police officer observed the altercation and intervened, breaking up the two groups. After declining to arrest the individuals, the police officer left the scene. The plaintiff retrieved his sister from the bar and began walking home. He was attacked by two individuals who had been involved in the prior altercation, resulting in permanent injuries. The plaintiff filed suit in federal court against the City of Benicia and the officer, seeking damages for the violation of his civil rights.

The defense filed a motion for summary judgment, arguing that the officer was not liable as he did not create a dangerous situation nor place the plaintiff in a dangerous situation. The defense also contended that the officer had qualified immunity.

Result

The Court granted the defense's motion for summary judgment on both grounds.