Baker v. Clover

OPINION

DRUKE, Presiding Judge.

Appellant George W. Clover, a Pima County sheriff’s deputy, appeals from an adverse partial summary judgment finding him liable for violating the civil rights of appellee Brace T. Baker. Because the issue presents a mixed question of fact and law, our review is de novo. Tovrea Land & Cattle Co. v. Linsenmeyer, 100 Ariz. 107, 412 P.2d 47 (1966). We view the facts in the light most favorable to Deputy Clover, the party against whom summary judgment was granted. See United Bank of Arizona v. Allyn, 167 Ariz. 191, 805 P.2d 1012 (App.1990).

At approximately 11:15 p.m.…