Legal Opinion
Estate of Garcia Toribio v. City of Santa Rosa
District Court, N.D. California
Decided April 4, 2019No. Case No. 18-cv-02151-YGRPublishedCited by 1 opinion
1Opinion of the Court
At 6:11 a.m., Officer Vlahandreas discovered Garcia, naked and lying beneath an overturned mattress in the bedroom. Officers Vlahandreas and Badger both announced themselves in Spanish as "policia" and ordered Garcia to "come out now" from beneath the mattress several times, but Garcia did not comply.5 (Def. Fact 16.) Garcia remained in the room and in his unclothed state.
At 6:12 a.m., the officers saw that Garcia had a 12-inch kitchen knife in his hand. Officer Badger told Vlahandreas to "get your Taser out." Officer Vlahandreas radioed to dispatch, "subject has a knife." (Id. ) The officers…
2Cases cited30 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Graham v. ConnorSupreme Court of the United States · 1989
- Bell v. WolfishSupreme Court of the United States · 1979
- Tennessee v. GarnerSupreme Court of the United States · 1985
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3Cited by1 opinion
- Paulette Smith v. City of Los AngelesDistrict Court, C.D. California · 2025