Zoellner v. City of Arcata

Full title: Kyle Christopher ZOELLNER, Plaintiff, v. CITY OF ARCATA, et al., Defendants.

Court: United States District Court, Northern District of California

Date published: Mar 1, 2022

Facts

The evidence submitted by the parties in conjunction with the motion for summary judgment reflects as follows:

4/15/2017. Mr. Lawson was killed at a party in the City early in the morning,  around 3:00 a.m. He was stabbed. The first officer to arrive at the scene was Officer Nilsen. Soon thereafter, Officer McKenzie and Officer Arminio arrived at the scene. Officer Arminio served as the watch commander at the scene.

Defendants have provided a copy of the MAV (mobile audio video) recording from Officer Nilsen’s car. See also Nilsen Decl. ¶ 4 (explaining that he had an audio recorder on his lapel that worked in conjunction with the in-car recording system). The recording shows only the interior of the car but still has value because of the audio. It lasts about two hours. The defendants’ expert, Brian Medeiros, prepared a report that provides an “index” to the main events on the recording. See Medeiros Decl., Ex. A (Rpt. at 12 et seq.).

Issue

Decision

For the foregoing reasons, the Court grants in part and denies in part the defendant’s motion for summary judgment. The claims for unlawful arrest/imprisonment, deliberate indifference to a serious medical need, and defamation are dismissed in their entirety. The Court also dismisses the malicious prosecution claim, except as to Det. Losey. Accordingly, the only claim that shall proceed to trial is the claim for malicious prosecution against Det. Losey. After this claim is tried, the Court shall move on to litigation of the bifurcated claim for wrongful threat of criminal prosecution (IIED).

This order disposes of Docket No. 208.

IT IS SO ORDERED.

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