Smith v. City of Bakersfield

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 8 9 MELTON SMITH, Case No. 1:22-cv-00494-CDB 10 Plaintiff, ORDER ON MOTIONS IN LIMINE 11 v. (Docs. 59-60)

12 CITY OF BAKERSFIELD, et al., 13 Defendants.

15 Introduction Plaintiff Melton Smith (“Plaintiff”) asserts causes of action pursuant to 42 U.S.C. § 1983 and state law against Defendants City of Bakersfield, Bradley Vaughn, and Kolby Davenport (collectively “Defendants”), based on Defendants’ alleged actions in connection with a law enforcement encounter between Plaintiff and Defendants and others on December 28, 2020, in Bakersfield, as alleged in the operative Complaint. (Doc. 2). Plaintiff asserts causes of action for: (1) Negligence – Unreasonable Use of Force; (2) Battery by a Peace Officer; (3) Intentional Infliction of Emotional Distress; (4) California Civil Code § 52.1 – Civil Rights Violations – Excessive Force; and (5) 42 U.S.C § 1983 – Excessive Force. (Doc. 51 at 7). Trial of the action is scheduled to commence on October 7, 2024. (Doc.…