The following excerpt is from Duncan v. City of San Diego, 401 F.Supp.3d 1016 (S.D. Cal. 2019):
Whether a reasonable officer could have believed that his conduct was lawful is a determination of law that can be decided on summary judgment only if the material facts are undisputed. LaLonde v. Cty. of Riverside , 204 F.3d 947, 953 (9th Cir. 2000). "However, a trial court should not grant summary judgment where there is a genuine dispute as to the facts and circumstances within an officer's knowledge or what the officer and claimant did or failed to do. " Id. (quoting Act Up!/Portland v. Bagley , 988 F.2d 868, 873 (9th Cir. 1993) ).
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