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GALINDO v. TASSIO

No. C13-00105 HRL.

CELINA GALINDO, ET AL., Plaintiffs, v. LEE TASSIO, ET AL., Defendants.

United States District Court, N.D. California, San Jose Division.

June 19, 2014.

Attorney(s) appearing for the Case

Celina Galindo, Plaintiff, represented by Dale Kristopher Galipo, Paul Francis Caputo, Law Office of Paul Caputo & Jaime Alejandro Leanos, Morales and Leanos.

Sabrina Galindo, Plaintiff, represented by Paul Francis Caputo, Law Office of Paul Caputo, Dale Kristopher Galipo & Jaime Alejandro Leanos, Morales and Leanos.

Valente Galindo, IV, a minor, Plaintiff, represented by Paul Francis Caputo, Law Office of Paul Caputo, Dale Kristopher Galipo & Jaime Alejandro Leanos, Morales and Leanos.

Gina Padilla, Guardian Ad Litem for Minor, Plaintiff, represented by Paul Francis Caputo, Law Office of Paul Caputo, Dale Kristopher Galipo & Jaime Alejandro Leanos, Morales and Leanos.

Lee Tassio, individually and as an Officer of the San Jose Police Department, Defendant, represented by Randolph S. Hom, San Jose City Attorney's Office & Nora Valerie Frimann, Office of the City Attorney.

Anthony Kilmer, individually and as an Officer of the San Jose Police Department, Defendant, represented by Randolph S. Hom, San Jose City Attorney's Office & Nora Valerie Frimann, Office of the City Attorney.

ORDER ON MOTIONS IN LIMINE

HOWARD R. LLOYD, Magistrate Judge.

This case arises from the fatal shooting of Valente Galindo by Officer Lee Tassio. It is undisputed that Tassio entered the Galindo residence in pursuit of Manuel Fuentes, that Fuentes tossed a gun into Galindo's bedroom, and that Tassio shot and killed Galindo. The parties dispute whether Galindo reached for, picked up, and/or pointed the gun at Tassio, as well as whether Tassio's use of force...

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