Herzog

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LOUIS HERZOG, No. 2:21-cv-01174-MCE-CKD Plaintiff, v. MEMORANDUM AND ORDER MIGUEL A. LOPEZ-CUEN, et al., Defendants. 16 Plaintiff Louis Herzog (“Plaintiff”) initiated this action against Defendants Miguel A. Lopez-Cuen (“Lopez-Cuen”) and the State of California, by and through the California Highway Patrol, (hereafter the “CHP”) (collectively, “Defendants”) for constitutional violations arising out his purportedly unlawful arrest for driving under the influence. Presently before the Court is Defendants’ Motion for Summary Judgment. ECF No. 19. For the following reasons, that Motion is GRANTED in part and DENIED in part. /// /// /// /// 27 Because oral argument would not have been of material assistance, the Court ordered this matter submitted on the briefs. E.D. Local Rule 230(g). BACKGROUND2 2 On April 15, 2020, Lopez-Cuen was traveling westbound in his patrol vehicle as he…