The city agreed this week to a $1.2 million settlement that includes the jury verdict and the fees and legal costs of the family’s lawyers.. Two former Rohnert Park police officers were indicted Friday in federal court for their alleged roles in a years-long shakedown racket involving large amounts of drugs and cash, according to the U.
Full Answer
What happened to Don McComas?
Rohnert Park resident Don McComas pulled out his cellphone on July 29, 2015, outside his Hermitage Way home and recorded an encounter he had with a police officer who pulled out his gun and held it during an uneasy two-minute discussion and argument.
Why did Beck say McComas was being harassed?
Beck said he believes McComas was being harassed because he had been critical of a police department investigation of his son, who was charged with felony crimes in a case that was ultimately dismissed. “This officer was out to intimidate and to cause Mr. McComas fear for no reason,” Beck said.
Who is Dave Rodriguez and what did he do to Michael McComas?
No one was arrested during the incident, and the city has said Officer Dave Rodriguez was in the neighborhood looking for parking violations and perceived McComas' behavior as suspicious. McComas posted his video online and it went viral - at one point reaching 500,000 views.
Why did Beck say McComas was being harassed?
Beck said he believes McComas was being harassed because he had been critical of a police department investigation of his son, who was charged with felony crimes in a case that was ultimately dismissed.
When did Don McComas pull out his gun?
Rohnert Park resident Don McComas pulled out his cellphone on July 29, 2015, outside his Hermitage Way home and recorded an encounter he had with a police officer who pulled out his gun and held it during an uneasy two-minute discussion and argument.
Why did Officer Rodriguez pull up in front of McComas' house?
Officer Rodriguez pulled up in front of McComas' house, exited the vehicle, approached Mr. McComas in at threatening manner with his gun drawn. ”. Beck said he believes McComas was being harassed because he had been critical of a police department investigation of his son, who was charged with felony crimes in a case that was ultimately dismissed.
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Order Denying Defendants' Motion For Summary Judgment
- Before the Court is Defendant's motion for summary judgment. The Court found the matter suitable for resolution without oral argument and vacated the hearing scheduled for April 3, 2017. SeeCiv. L.R. 7-1(b). Having carefully considered the parties' written arguments, the Court DENI…
Legal Standard
- Summary judgment is appropriate when there is no genuine dispute as to material facts and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). Material facts are those that may affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute as to a material fact is "genuine" if there is sufficient evidence for a reasonable …
II. Defendant Is Not entitled to Qualified Immunity.
- Having determined that questions of material fact remain, the Court must now decide whether summary judgment should nevertheless be granted because Officer Rodriguez is entitled to qualified immunity. The doctrine of qualified immunity shields government officials from civil damages liability when performing discretionary functions as long as "their conduct does not viol…
Conclusion
- Plaintiff has set forth sufficient facts to raise a genuine issue as to whether Defendant acted with intent to inhibit or chill the protected filming activity. This issue is to be decided by the trier of fact at trial, not by this Court on summary judgment. Further holding that Defendant is not entitled to qualified immunity, the Court hereby DENIES Defendant's motion for summary judgment.